[Rev. 2/11/2019 1:30:59 PM]
κ2001 Statutes of Nevada, Page 2645κ
Senate Bill No. 494Committee on Finance
CHAPTER 521
AN ACT relating to nuclear waste; creating the Nevada protection account in the state general fund; providing that the account be used to protect the State of Nevada and its residents through funding activities to prevent the location of a federal nuclear waste repository at Yucca Mountain; making an appropriation; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created the Nevada protection account in the state general fund.
2. The money in the account must be used to protect the State of Nevada and its residents through funding activities to prevent the location of a federal nuclear waste repository at Yucca Mountain.
3. The account must be administered by the governor, who may:
(a) Apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the account; and
(b) Expend any money received pursuant to paragraph (a) in accordance with subsection 2.
4. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
5. The money in the account must remain in the account and does not revert to the state general fund at the end of any fiscal year.
Sec. 2. There is hereby appropriated from the state general fund to the Nevada protection account created pursuant to section 1 of this act the sum of $4,000,000 to protect the State of Nevada and its residents through funding activities to prevent the location of a federal nuclear waste repository at Yucca Mountain.
Sec. 3. This act becomes effective upon passage and approval.
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κ2001 Statutes of Nevada, Page 2646κ
Senate Bill No. 498Committee on Finance
CHAPTER 522
AN ACT relating to state financial administration; revising the authorized uses of an appropriation made in the previous session to the Lincoln County School District for the construction of an elementary school; changing the date of the reversion of the appropriation; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Sections 1 and 2 of chapter 511, Statutes of Nevada 1999, at page 2614, are hereby amended to read respectively as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the Lincoln County School District the sum of $1,000,000 for the construction of an elementary school to replace a school building that has been found unsafe, structurally unsound and unsuitable for continued use as a school [.] and for the construction and furnishing of a high school.
2. The appropriation made by subsection 1 is contingent upon a determination by the State Board of Examiners that:
(a) The total ad valorem tax levy upon property within the Lincoln County School District for all public purposes is not less than the maximum authorized pursuant to NRS 361.453;
(b) The taxable value of the taxable property within the Lincoln County School District is decreasing; and
(c) Based upon the written conclusions of appropriately licensed experts, the acquisition, construction or repair of school facilities is necessary to alleviate a substantial risk to the public safety.
3. On or before January 15, [2001,] 2003, the Lincoln County School District shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau a final report of expenditures of the appropriation made by subsection 1.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [2001,] 2002, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2647κ
Senate Bill No. 500Committee on Finance
CHAPTER 523
AN ACT relating to the University Securities Law; authorizing the board of regents of the University of Nevada to delegate its authority concerning the sale of securities; authorizing variable rates of interest on securities; authorizing the investment of pledged revenues and the proceeds of securities in certain investment contracts; authorizing agreements for an exchange of interest rates; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The board may, before any sale of securities, whether by competitive bid or negotiated sale, delegate to the chancellor of the university or the vice chancellor for finance of the university the authority to sign a contract for the purchase of the securities or to accept a binding bid for the securities subject to the requirements specified by the board concerning:
(a) The rate of interest on the securities;
(b) The dates on which and the prices at which the securities may be called for redemption before maturity;
(c) The price at which the securities will be sold; and
(d) The principal amount of the securities and the amount of principal maturing in any particular year.
2. All terms of the securities other than:
(a) The rate of interest;
(b) The dates and prices for the redemption of the securities;
(c) The price for the sale of the securities;
(d) The principal amount of the securities; and
(e) The requirements for the principal maturing in particular years,
must be approved by the board before the securities are delivered.
3. The final rate of interest, dates and prices of redemption, price for the sale of the securities, principal amount and the requirements for the principal amount maturing in particular years are not required to be approved by the board if each of those terms complies with the requirements specified by the board before the contract for the purchase of the securities is signed or the bid for the securities is accepted.
Sec. 3. 1. The resolution authorizing the issuance of any securities or any trust indenture or other instrument appertaining thereto may fix a rate or rates of interest or provide for the determination of the rate or rates from time to time by a designated agent according to the procedure specified in that resolution or other instrument. The rate so determined must approximate the rates then being paid for other securities which contain similar provisions and have an equivalent rating. The board may contract with or select any person to make that determination.
κ2001 Statutes of Nevada, Page 2648 (CHAPTER 523, SB 500)κ
2. The board may enter into an agreement with a third party for an assurance of payment of the principal of, the interest on, or premiums, if any, due in connection with any securities issued by the board. The obligation of the board to reimburse that third party for any advances made pursuant to that agreement may be provided in that agreement, recited in those securities or evidenced by another instrument as designated in the resolution authorizing the issuance of those securities or any other instrument appertaining thereto. The board may assign its rights under that agreement.
3. In fixing the rate or rates of interest for securities pursuant to subsection 1 or the rate or rates of interest imposed on the board for reimbursement of any advances made under an agreement pursuant to subsection 2, the board is not subject to any limitations on rates of interest provided by statute, including, without limitation, NRS 396.852. The resolution fixing that rate or rates of interest must contain the findings of the board that the procedure specified therein for determining that rate or rates is reasonable under existing or anticipated conditions in the market and is necessary and advisable for marketing the securities. These findings are conclusive. This section does not prohibit the board from fixing a maximum rate of interest.
Sec. 4. In addition to the investments permitted by NRS 396.861, the board, subject to any contractual limitations from time to time imposed upon the university by any resolution authorizing the issuance of outstanding securities or by any trust indenture or other proceedings appertaining thereto, may cause to be invested and reinvested, except as otherwise provided in NRS 396.876, any pledged revenues and any proceeds of securities issued hereunder in an investment contract that is collateralized with securities issued by the Federal Government or agencies of the Federal Government if:
1. The collateral has a market value of at least 102 percent of the amount invested and any accrued unpaid interest thereon;
2. The university receives a security interest in the collateral that is fully perfected and the collateral is held in custody for the university or its trustee by a third-party agent of the university which is a commercial bank authorized to exercise trust powers;
3. The market value of the collateral is determined not less frequently than weekly and, if the ratio required by subsection 1 is not met, sufficient additional collateral is deposited with the agent of the university to meet that ratio within 2 business days after the determination; and
4. The party with whom the investment contract is executed is a commercial bank, or that party or a guarantor of the performance of that party is:
(a) An insurance company which has a rating on its ability to pay claims of not less than Aa2 by Moodys Investors Service, Inc., or AA by Standard and Poors Ratings Services, or their equivalent; or
(b) An entity which has a credit rating on its outstanding long-term debt of not less than A2 by Moodys Investors Service, Inc., or A by Standard and Poors Ratings Services, or their equivalent.
Sec. 5. 1. The university, in connection with securities it has issued or proposes to issue, may enter into an agreement for an exchange of interest rates as provided in this section if the board finds that such an agreement would be in the best interests of the university.
κ2001 Statutes of Nevada, Page 2649 (CHAPTER 523, SB 500)κ
2. The university may enter into an agreement to exchange interest rates only if:
(a) The long-term debt obligations of the person with whom the university enters the agreement are rated A or better by a nationally recognized rating agency; or
(b) The obligations pursuant to the agreement of the person with whom the university enters the agreement are either:
(1) Guaranteed by a person whose long-term debt obligations are rated A or better by a nationally recognized rating agency; or
(2) Collateralized by obligations deposited with the university or an agent of the university which would be legal investments for the state pursuant to NRS 355.140 and which have a market value at the time the agreement is made of not less than 100 percent of the principal amount upon which the exchange of interest rates is based.
3. The university may agree, with respect to securities that the university has issued or proposes to issue bearing interest at a variable rate, to pay sums equal to interest at a fixed rate or rates or at a different variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the principal amount of the securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a variable rate determined pursuant to a formula set forth in the agreement.
4. The university may agree, with respect to securities that the university has issued or proposes to issue bearing interest at a fixed rate or rates, to pay sums equal to interest at a variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the outstanding principal amount of the securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a fixed rate or rates set forth in the agreement.
5. The term of an agreement entered into pursuant to this section must not exceed the term of the securities with respect to which the agreement was made.
6. The universitys obligations to make payments under the agreement may be secured by any of the pledged revenues that are pledged to the securities in connection with the agreement as executed, so long as the pledge does not violate the terms of any resolution or other instrument appertaining to outstanding securities issued hereunder.
7. Limitations upon the rate of interest on securities do not apply to interest paid pursuant to an agreement entered into pursuant to this section.
8. If the university has entered into an agreement pursuant to this section with respect to those securities, it may treat the amount or rate of interest on the securities as the amount or rate of interest payable after giving effect to the agreement for the purpose of calculating:
(a) Rates and charges of a revenue-producing enterprise whose revenues are pledged to or used to pay the securities;
(b) Statutory requirements concerning revenue coverage that are applicable to the securities; and
(c) Any other amounts which are based upon the rate of interest of the securities.
κ2001 Statutes of Nevada, Page 2650 (CHAPTER 523, SB 500)κ
9. Subject to covenants applicable to the securities, any payments required to be made by the university under the agreement may be made from pledged revenues that are pledged to pay debt service on the securities with respect to which the agreement was made or from any other legally available source.
Sec. 6. NRS 396.809 is hereby amended to read as follows:
396.809 NRS 396.809 to 396.885, inclusive, [shall] and sections 2 to 5, inclusive, of this act may be known as the University Securities Law.
Sec. 7. This act becomes effective on July 1, 2001.
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Senate Bill No. 572Senators Titus, Wiener, Mathews, Coffin, Carlton, Care, Neal, Schneider and Shaffer
CHAPTER 524
AN ACT relating to public safety; providing immunity from civil liability for any person who reports certain threats of violence against a school official, school employee or pupil; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.
2. The provisions of this section do not apply to a person who:
(a) Is acting in his professional or occupational capacity and is required to make a report pursuant to NRS 200.5093 or 432B.220.
(b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.
3. As used in this section:
(a) Reasonable cause to believe means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
(b) School employee means a licensed or unlicensed person who is employed by:
(1) A board of trustees of a school district pursuant to NRS 391.100; or
(2) The governing body of a charter school.
κ2001 Statutes of Nevada, Page 2651 (CHAPTER 524, SB 572)κ
(c) School official means:
(1) A member of the board of trustees of a school district.
(2) A member of the governing body of a charter school.
(3) An administrator employed by the board of trustees of a school district or the governing body of a charter school.
(d) Teacher means a person employed by the:
(1) Board of trustees of a school district to provide instruction or other educational services to pupils enrolled in public schools of the school district.
(2) Governing body of a charter school to provide instruction or other educational services to pupils enrolled in the charter school.
Sec. 2. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.
2. The provisions of this section do not apply to a person who:
(a) Is acting in his professional or occupational capacity and is required to make a report pursuant to NRS 200.5093 or 432B.220.
(b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.
3. As used in this section:
(a) Reasonable cause to believe means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
(b) School employee means a licensed or unlicensed person, other than a school official, who is employed by a private school.
(c) School official means:
(1) An owner of a private school.
(2) A director of a private school.
(3) A supervisor at a private school.
(4) An administrator at a private school.
(d) Teacher means a person employed by a private school to provide instruction and other educational services to pupils enrolled in the private school.
Sec. 3. The immunity from civil liability provided by sections 1 and 2 of this act applies to reports of threats of violence that are made on or after the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2652κ
Senate Bill No. 573Committee on Finance
CHAPTER 525
AN ACT relating to the office of the governor; transferring the office for hospital patients from the department of business and industry to the office of the governor; creating the bureau for hospital patients within the office for consumer health assistance in the office of the governor; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The bureau for hospital patients is hereby created within the office for consumer health assistance in the office of the governor.
2. The director:
(a) Is responsible for the operation of the bureau, which must be easily accessible to the clientele of the bureau.
(b) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the bureau. The employees of the bureau are in the unclassified service of the state.
(c) Shall submit a written report quarterly to the governor and the legislative committee on health care concerning the activities of the bureau, including, without limitation, the number of complaints received by the bureau, the number and type of disputes heard, mediated, arbitrated or resolved through alternative means of dispute resolution by the director and the outcome of the mediation, arbitration or alternative means of dispute resolution.
3. The director may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The director may decline to hear a case that in his opinion is trivial, without merit or beyond the scope of his jurisdiction. The director may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:
(a) The accuracy or amount of charges billed to a patient;
(b) The reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and
(c) Such other matters related to the charges for care provided to a patient as the director determines appropriate for arbitration, mediation or other alternative means of dispute resolution.
4. The decision of the director is a final decision for the purpose of judicial review.
5. Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the bureau. On or before July 15 of each year, the director shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.
κ2001 Statutes of Nevada, Page 2653 (CHAPTER 525, SB 573)κ
6. The total amount assessed pursuant to subsection 5 for a fiscal year must be $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.
7. The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.
Sec. 2. NRS 223.500 is hereby amended to read as follows:
223.500 As used in NRS 223.500 to 223.580, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 223.510, 223.520 and 223.530 have the meanings ascribed to them in those sections.
Sec. 3. NRS 223.540 is hereby amended to read as follows:
223.540 The provisions of NRS 223.085 do not apply to the provisions of NRS 223.500 to 223.580, inclusive [.] , and section 1 of this act.
Sec. 4. NRS 223.550 is hereby amended to read as follows:
223.550 1. The office for consumer health assistance is hereby established in the office of the governor. The governor shall appoint the director. The director must:
(a) Be:
(1) A physician, as that term is defined in NRS 0.040;
(2) A registered nurse, as that term is defined in NRS 632.019;
(3) An advanced practitioner of nursing, as that term is defined in NRS 453.023; or
(4) A physician assistant, as that term is defined in NRS 630.015; and
(b) Have expertise and experience in the field of advocacy.
2. The cost of carrying out the provisions of NRS 223.500 to 223.580, inclusive, and section 1 of this act must be paid as follows:
(a) That portion of the cost related to providing assistance to consumers and injured employees concerning workers compensation must be paid from the assessments levied pursuant to NRS 232.680.
(b) That portion of the cost related to the operation of the bureau for hospital patients created pursuant to section 1 of this act must be paid from the assessments levied pursuant to that section.
(c) The remaining cost must be provided by direct legislative appropriation from the state general fund and be paid out on claims as other claims against the state are paid.
Sec. 5. NRS 223.570 is hereby amended to read as follows:
223.570 1. The director may:
(a) Within the limits of available money, employ:
(1) Such persons in the unclassified service of the state as he determines to be necessary to carry out the provisions of NRS [223.500 to 223.580, inclusive,] 223.560 and 223.580 and this section, including, without limitation, a provider of health care, as that term is defined in NRS 449.581.
(2) Such additional personnel as may be required to carry out the provisions of NRS [223.500 to 223.580, inclusive,] 223.560 and 223.580 and this section, who must be in the classified service of the state.
κ2001 Statutes of Nevada, Page 2654 (CHAPTER 525, SB 573)κ
A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the director employs him.
(b) To the extent not otherwise prohibited by law, obtain such information from consumers, injured employees, health care plans and policies of industrial insurance as he determines to be necessary to carry out the provisions of NRS [223.500 to 223.580, inclusive.] 223.560 and 223.580 and this section.
(c) Adopt such regulations as he determines to be necessary to carry out the provisions of NRS [223.500 to 223.580, inclusive.] 223.560 and 223.580 and this section.
2. The director and his employees shall not have any conflict of interest relating to the performance of their duties pursuant to NRS [223.500 to 223.580, inclusive.] 223.560 and 223.580 and this section. For the purposes of this subsection, a conflict of interest shall be deemed to exist if the director or employee, or any person affiliated with the director or employee:
(a) Has direct involvement in the licensing, certification or accreditation of a health care facility, insurer or provider of health care;
(b) Has a direct ownership interest or investment interest in a health care facility, insurer or provider of health care;
(c) Is employed by, or participating in, the management of a health care facility, insurer or provider of health care; or
(d) Receives or has the right to receive, directly or indirectly, remuneration pursuant to any arrangement for compensation with a health care facility, insurer or provider of health care.
Sec. 6. NRS 439B.260 is hereby amended to read as follows:
439B.260 1. A major hospital shall reduce or discount the total billed charge by at least 30 percent for hospital services provided to an inpatient who:
(a) Has no insurance or other contractual provision for the payment of the charge by a third party;
(b) Is not eligible for coverage by a state or federal program of public assistance that would provide for the payment of the charge; and
(c) Makes reasonable arrangements within 30 days after discharge to pay his hospital bill.
2. A major hospital or patient who disputes the reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 may submit the dispute to the [office] bureau for hospital patients for resolution as provided in [NRS 232.543.] section 1 of this act.
3. A major hospital shall reduce or discount the total billed charge of its outpatient pharmacy by at least 30 percent to a patient who is eligible for Medicare.
Sec. 7. NRS 232.543 is hereby repealed.
Sec. 8. 1. This section and sections 1, 2, 3, 5, 6 and 7 of this act become effective on July 1, 2001.
2. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 2001.
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κ2001 Statutes of Nevada, Page 2655κ
Senate Bill No. 574Committee on Finance
CHAPTER 526
AN ACT relating to property; transferring the responsibility for administering the program for property tax assistance for senior citizens from the department of taxation to the aging services division of the department of human resources; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.2725 is hereby amended to read as follows:
422.2725 1. The director shall include in the state plan for Medicaid a requirement that any senior citizen who purchases and receives benefits for at least 3 years pursuant to a policy of health insurance for long-term care that is approved by the director and whose annual household income is less than $200,000 is eligible for Medicaid for long-term care.
2. As used in this section:
(a) Household income has the meaning ascribed to it in [NRS 361.820.] section 9 of this act.
(b) Senior citizen means a person who is domiciled in this state and is 55 years of age or older.
Sec. 2. Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 33, inclusive, of this act.
Sec. 3. 1. The legislature finds that:
(a) Many senior citizens of this state live on limited incomes that remain fixed while property taxes and other costs continually rise.
(b) The erosion of the income of senior citizens in terms of true value threatens to destroy the ability of many to retain ownership of the homes in which they had planned to spend their later years.
(c) Senior citizens are often forced to divert an excessive portion of their incomes into the property taxes on their homes, thus leaving an insufficient amount of money for other things essential to their well-being.
(d) Many senior citizens who rent their homes or lots for mobile homes also pay an excessive portion of their income for property taxes through rental payments.
2. The legislature therefore declares that:
(a) It is the public policy of this state to provide assistance to its senior citizens who are carrying an excessive burden of taxes or rent on residential property in relation to income.
(b) The purpose of the provisions of sections 3 to 33, inclusive, of this act is to provide relief to eligible senior citizens, through a system of refunds for property taxes or rent from the senior citizens property tax assistance account.
Sec. 4. As used in sections 3 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 14, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 5. Claim means an application for property tax assistance filed pursuant to section 19 of this act.
Sec. 6. Claimant means a person who files a claim.
κ2001 Statutes of Nevada, Page 2656 (CHAPTER 526, SB 574)κ
Sec. 7. 1. Home means residential living quarters located in this state. The quarters may consist of a single dwelling unit, or a unit which is an integral part of a larger complex such as a multidwelling or a multipurpose building, together with the land upon which the unit is built and any surrounding land, not to exceed 2 acres, and any outbuildings and facilities reasonably necessary for use of the unit as residential living quarters.
2. The term includes:
(a) A mobile or manufactured home.
(b) A home, mobile or manufactured home or dwelling that the claimant possesses under a contract of sale, deed of trust, life estate, joint tenancy or tenancy in common.
(c) A residential facility for groups required to be licensed by the health division of the department of human resources pursuant to NRS 449.001 to 449.240, inclusive.
(d) A dwelling within any housing project which has been established pursuant to chapter 315 of NRS and for which the housing authority makes payments in lieu of taxes.
3. The term does not include any part of the building or land which is not used as living quarters by the claimant and spouse and which produces income for the claimant or spouse, if the residential living quarters are part of a multipurpose building.
Sec. 8. Household means a claimant and spouse.
Sec. 9. Household income means the income received by a claimant and the spouse of the claimant.
Sec. 10. Income means adjusted gross income, as defined in the Internal Revenue Code, and includes:
1. Tax-free interest;
2. The untaxed portion of a pension or annuity;
3. Railroad retirement benefits;
4. Veterans pensions and compensation;
5. Payments received pursuant to the federal Social Security Act, including supplemental security income, but excluding hospital and medical insurance benefits for the aged and disabled;
6. Public welfare payments, including allowances for shelter;
7. Unemployment insurance benefits;
8. Payments for lost time;
9. Payments received from disability insurance;
10. Disability payments received pursuant to workers compensation insurance;
11. Alimony;
12. Support payments;
13. Allowances received by dependents of servicemen;
14. The amount of recognized capital gains and losses excluded from adjusted gross income;
15. Life insurance proceeds in excess of $5,000;
16. Bequests and inheritances; and
17. Gifts of cash of more than $300 not between household members and such other kinds of cash received by a household as the division specifies by regulation.
Sec. 11. Lot means a portion of land that is rented to accommodate a mobile or manufactured home owned or rented by the claimant.
κ2001 Statutes of Nevada, Page 2657 (CHAPTER 526, SB 574)κ
Sec. 12. Property taxes accrued means property taxes, excluding special assessments, delinquent taxes and interest, levied on a claimants home in this state which are due during August, immediately preceding the date of filing of a claim. If a home is owned by two or more persons or entities as joint tenants or tenants in common and one or more persons or entities are not members of the claimants household, property taxes accrued is that part of the property taxes levied on the home which reflects the percentage of the residential space occupied by the claimant and his household.
Sec. 13. Rent means the payment a claimant has made under a bona fide tenancy or leasing agreement solely for the right to occupy a home or lot during the calendar year immediately preceding the filing of his claim. The term does not include any amount paid for utilities, fuel, furnishings, food, nursing services or institutional care.
Sec. 14. Senior citizen means any person who is domiciled in this state and will attain the age of 62 years on or before the last day in June immediately succeeding the filing period.
Sec. 15. For the purposes of section 6 of this act, if two members of a household meet the qualifications for a claimant, the members may determine between themselves who will be the claimant. If they are unable to agree, the matter must be referred to the administrator and his decision is final. Only one claim may be filed for any household.
Sec. 16. 1. A senior citizen whose home is placed upon the secured or unsecured tax roll, who has owned the home and maintained it as his primary residence since July 1 immediately preceding the filing of his claim and whose household income is within one of the income ranges for which assistance is provided pursuant to this subsection is entitled to a refund of the property tax accrued against his home to the extent determined by the percentage indicated opposite his household income range on the following schedule, as that income range is adjusted pursuant to subsection 3:
PERCENT TAX
Percent of
INCOME RANGE Claimants
If the Amount of Property Tax
Applicants Household But Not Accrued Allowable
Income Is Over Over as Assistance Is
$0 — $12,700 90
12,700 — 14,800 80
14,800 — 17,000 50
17,000 — 19,100 25
19,100 — 21,500 10
2. The amount of the refund must not exceed the amount of the accrued property tax or $500, whichever is less.
3. The monetary amounts shown for each income range in subsection 1 must be adjusted for each fiscal year by adding to each amount the product of the amount shown multiplied by the percentage increase in the Consumer Price Index from December 1997, to the December preceding the fiscal year for which the adjustment is calculated.
κ2001 Statutes of Nevada, Page 2658 (CHAPTER 526, SB 574)κ
Sec. 17. 1. A senior citizen who has rented and maintained his primary residence in a home or on a lot since July 1 of the preceding calendar year and whose household income is within one of the income ranges for which assistance is provided in section 16 of this act is entitled to a refund as determined in accordance with the schedule of income ranges as adjusted pursuant to that section.
2. The amount of the refund provided pursuant to subsection 1 must not exceed an amount equal to that portion of the rent which is rent deemed to constitute accrued property tax, even if the rental property is exempt from property tax.
Sec. 18. Rent deemed to constitute accrued property tax is 8.5 percent of the total annual rent which a claimant has paid.
Sec. 19. 1. A claim may be filed with the assessor of the county in which the claimants home or mobile home lot is located not earlier than February 1 and not later than April 15.
2. The claim must be made under oath and filed in such form and content, and accompanied by such proof, as the division may prescribe.
3. The division or county assessor shall provide the appropriate form to each claimant.
4. The county assessor shall, within 30 days after receiving a claim for a refund:
(a) Process the application;
(b) Determine the assessed valuation of the property to which the claim applies, if applicable; and
(c) Submit the claim to the division.
5. The division shall not accept a claim submitted pursuant to subsection 4 after July 1.
Sec. 20. 1. The division shall examine each claim, granting or denying it, and if granted, shall determine the refund to which the claimant is entitled.
2. Upon examination, if:
(a) The claim is denied, the division shall so notify the claimant by first-class mail.
(b) The claim is granted, the division shall pay the refund to the claimant not later than August 15.
Sec. 21. No claim may be accepted by the division if the claimant or spouse of the claimant owns real property in this state, other than that claimed as a home, which has an assessed value of more $30,000.
Sec. 22. 1. A person may receive assistance pursuant to the provisions of sections 3 to 33, inclusive, of this act while receiving a property tax exemption as a widow, blind person or veteran if the person has filed a claim for the exemption with the county assessor.
2. The assessed valuation of any property used to determine a refund pursuant to the provisions of sections 3 to 33, inclusive, of this act must be reduced by the amount of such an exemption.
Sec. 23. If the division determines that an audit of claims is required to determine whether a county assessor accurately processed claims and if employees of the division are not capable of auditing a sufficient number of the claims, the division may expend not more than $20,000 of the money in the senior citizens property tax assistance account to contract with qualified persons to assist in conducting the audit.
κ2001 Statutes of Nevada, Page 2659 (CHAPTER 526, SB 574)κ
Sec. 24. Only one member of each household may file a claim in any tax year. If more than one member is eligible to claim a refund, any one of the eligible members may file the claim with the written consent of the others. If such consent is not obtainable, the claim may be filed only if criteria regulating such a circumstance have been prescribed by the division.
Sec. 25. The right to file a claim pursuant to the provisions of sections 3 to 33, inclusive, of this act is personal to the claimant and does not survive his death, except the right may be exercised on his behalf by his legal guardian or attorney in fact. If a claimant dies after having filed a timely claim, any assistance provided pursuant to the provisions of sections 3 to 33, inclusive, of this act inures to the benefit of his heirs or his executor or administrator, if one is appointed by a court of competent jurisdiction within 6 months after the claim is made. If no executor or administrator is so appointed, the claim and all benefits thereunder lapse.
Sec. 26. Any grant of assistance under an improper claim may be revoked by the county assessor or division within 2 years after the filing of the claim. If a grant is revoked, the claimant shall make restitution to the State of Nevada or the county for any assistance he has received pursuant to the improper claim, and the State of Nevada or the county shall take all proper action to collect the amount of the assistance as a debt.
Sec. 27. A claim must be disallowed if the administrator finds that the claimant received title to his home primarily to obtain benefits pursuant to the provisions of sections 3 to 33, inclusive, of this act. If such a claimant has received a refund and does not repay it together with a 10 percent penalty to the division, the amount of the refund and penalty must be assessed against the property claimed as his home.
Sec. 28. The administrator shall deny any claim for assistance to which the claimant is not entitled or any amount in excess of that to which the claimant is entitled. The administrator may deny in total any claim which he finds to have been filed with fraudulent intent. If any such claim has been paid and is afterward denied, the amount of the claim together with a 10 percent penalty must be repaid by the claimant to the division. If the amount of the refund and penalty is not repaid, the amount must be assessed against any real or personal property owned by the claimant.
Sec. 29. Any person who willfully makes a materially false statement or uses any other fraudulent device to secure for himself or any other person the assistance provided pursuant to the provisions of sections 3 to 33, inclusive, of this act is guilty of a gross misdemeanor.
Sec. 30. 1. Any claimant aggrieved by a decision of the administrator or a county assessor which denies the refund claimed pursuant to the provisions of sections 3 to 33, inclusive, of this act may have a review of the denial before the director if, within 30 days after the claimant receives notice of the denial, he submits a written petition for review to the director.
2. Any claimant aggrieved by the denial in whole or in part of relief claimed pursuant to the provisions of sections 3 to 33, inclusive, of this act or by any other final action or review of the director, is entitled to judicial review thereof.
Sec. 31. 1. The division is responsible for the administration of the provisions of sections 3 to 33, inclusive, of this act.
2. The division may:
κ2001 Statutes of Nevada, Page 2660 (CHAPTER 526, SB 574)κ
(a) Specify by regulation any other kind of income for the purposes of section 10 of this act.
(b) Prescribe the content and form of claims and approve any form used by a county assessor.
(c) Designate the proof required for substantiation of claims.
(d) Establish criteria for determining the circumstances under which a claim may be filed by one of two eligible spouses without the consent of the other spouse.
(e) Prescribe that a claimants ownership of his home must be shown of record.
(f) Provide by regulation that a vendee in possession of his home under an installment sale contract and responsible for paying the property taxes on the home is eligible to claim assistance as a homeowner.
(g) Limit the computation of benefits to the nearest dollar and limit issuance of warrants to $5 or more.
(h) Verify and audit any claims, statements or other records made pursuant to the provisions of sections 3 to 33, inclusive, of this act.
(i) Adopt regulations to ensure the confidentiality of information provided by claimants.
(j) Provide by regulation for a limited extension of time to file a claim in cases of hardship.
(k) Adopt such other regulations as may be required to carry out the provisions of sections 3 to 33, inclusive, of this act.
Sec. 32. 1. Money to pay for assistance granted to senior citizens pursuant to the provisions of sections 3 to 33, inclusive, of this act must be provided by legislative appropriation from the state general fund. The money so appropriated must be transferred to the senior citizens property tax assistance account in the state general fund.
2. The administrator may, from time to time, obtain from the state controller a statement of the balance in the senior citizens property tax assistance account. The administrator shall provide for full refunds of all just claims if the total amount of the claims does not exceed the balance in the account. The administrator shall proportionately reduce each claim if the total amount of all claims exceeds that balance.
3. Money for the administration of the provisions of sections 3 to 33, inclusive, of this act must be provided by legislative appropriation to the senior citizens property tax assistance account. From this account the sum of $4 must be allowed for each claim which is received by the county assessor and submitted to the division.
4. All claims against the senior citizens property tax assistance account must be certified by the administrator and, if certified and approved by the state board of examiners, the state controller shall draw his warrant against the account.
5. Any money remaining in the senior citizens property tax assistance account at the end of the fiscal year must remain in the account and is available for use in the following fiscal year.
Sec. 33. Except as otherwise provided by specific statute, no person may publish, disclose or use any personal or confidential information contained in a claim except for purposes connected with the administration of the provisions of sections 3 to 33, inclusive, of this act.
κ2001 Statutes of Nevada, Page 2661 (CHAPTER 526, SB 574)κ
Sec. 34. NRS 439.640 is hereby amended to read as follows:
439.640 Household income has the meaning ascribed to it in [NRS 361.820.] section 9 of this act.
Sec. 35. NRS 439.645 is hereby amended to read as follows:
439.645 Income has the meaning ascribed to it in [NRS 361.823.] section 10 of this act.
Sec. 36. NRS 439.660 is hereby amended to read as follows:
439.660 The department of human resources shall, in cooperation with the department of taxation and the various counties in this state:
1. Combine all possible administrative procedures required for determining those persons who are eligible for assistance pursuant to [NRS 361.800 to 361.877, inclusive,] sections 3 to 33, inclusive, of this act and 439.635 to 439.690, inclusive;
2. Coordinate the collection of information required to carry out those provisions in a manner that requires persons requesting assistance to furnish information in as few reports as possible; and
3. Design forms that may be used jointly by the department of human resources, the department of taxation and the various counties in this state to carry out the provisions of [NRS 361.800 to 361.877, inclusive,] sections 3 to 33, inclusive, of this act and 439.635 to 439.690, inclusive.
Sec. 37. NRS 361.800, 361.803, 361.805, 361.810, 361.815, 361.817, 361.820, 361.823, 361.824, 361.825, 361.827, 361.832, 361.833, 361.835, 361.836, 361.838, 361.841, 361.845, 361.850, 361.859, 361.860, 361.861, 361.864, 361.865, 361.867, 361.868, 361.870, 361.873, 361.874 and 361.877 are hereby repealed.
Sec. 38. Any regulation adopted by the Nevada tax commission pursuant to NRS 360.090 or 360.093 or the department of taxation pursuant to NRS 361.873 remains in effect as a regulation of the aging services division of the department of human resources until amended or repealed by the division.
Sec. 39. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
________
κ2001 Statutes of Nevada, Page 2662κ
Senate Bill No. 579Committee on Finance
CHAPTER 527
AN ACT relating to the legislature; revising the provisions governing the compensation of certain legislative employees; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.230 is hereby amended to read as follows:
218.230 1. Except as otherwise provided in this section, there must be paid to the employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following [sums] base amounts of money for each days employment [and no more:
Senate
Assistant secretary............................................................................................... $111
Front desk assistant................................................................................................ 103
History clerk............................................................................................................ 103
Journal clerk............................................................................................................ 103
Media clerk.............................................................................................................. 103
Recording clerk....................................................................................................... 103
Sergeant at arms..................................................................................................... 105
Deputy sergeant at arms.......................................................................................... 90
Assistant sergeant at arms....................................................................................... 84
Clerical services administrator............................................................................. 105
Executive assistant................................................................................................. 103
Executive secretary.................................................................................................. 98
Leadership receptionist............................................................................................ 90
Senior secretary......................................................................................................... 90
Secretary..................................................................................................................... 82
Senior committee manager................................................................................... 103
Committee manager................................................................................................ 98
Committee minutes coordinator............................................................................ 98
Finance committee secretary............................................................................... 101
Senior committee secretary..................................................................................... 98
Committee secretary................................................................................................ 90
Word processing clerk.............................................................................................. 69
Copy room coordinator........................................................................................... 82
Senior proofreader.................................................................................................... 98
Proofreader................................................................................................................ 90
Bill services administrator....................................................................................... 82
Assistant bill services administrator....................................................................... 75
Bill services clerk....................................................................................................... 61
κ2001 Statutes of Nevada, Page 2663 (CHAPTER 527, SB 579)κ
Assembly
Assistant chief clerk............................................................................................. $111
Document clerk....................................................................................................... 103
History clerk............................................................................................................ 103
Journal clerk............................................................................................................ 103
Media clerk.............................................................................................................. 103
Recording clerk....................................................................................................... 103
Sergeant at arms..................................................................................................... 105
Deputy sergeant at arms.......................................................................................... 90
Assistant sergeant at arms....................................................................................... 84
Senior page................................................................................................................. 77
Page............................................................................................................................. 61
Supervisor of bill services ....................................................................................... 82
Assistant supervisor of bill services........................................................................ 75
Bill services clerk....................................................................................................... 61
Supervisor of clerical services............................................................................... 105
Executive assistant................................................................................................. 103
Senior committee manager................................................................................... 103
Committee manager................................................................................................ 98
Ways and means committee secretary.............................................................. 101
Senior committee secretary..................................................................................... 98
Committee secretary................................................................................................ 90
Executive secretary.................................................................................................. 98
Senior secretary......................................................................................................... 90
Secretary..................................................................................................................... 82
Word processing clerk.............................................................................................. 69
Copy room coordinator....................................................................................... 82] :
Assistant secretary/Assistant chief clerk........................................................ $111
Document clerk...................................................................................................... 105
History clerk........................................................................................................... 105
Journal clerk.......................................................................................................... 105
Media clerk............................................................................................................. 105
Recording clerk...................................................................................................... 105
Sergeant at arms.................................................................................................... 105
Deputy/Senior sergeant at arms............................................................................ 90
Assistant sergeant at arms...................................................................................... 84
Senior page................................................................................................................ 77
Page/Student............................................................................................................. 61
Clerical services administrator/Supervisor of clerical services................... 111
Executive assistant................................................................................................ 103
Executive secretary.................................................................................................. 98
Leadership receptionist.......................................................................................... 90
Senior secretary........................................................................................................ 90
Secretary.................................................................................................................... 84
Senior committee manager.................................................................................. 103
Committee manager................................................................................................ 98
Lead committee secretary.................................................................................... 103
Secretary for Senate Committee on Finance or Assembly Committee on Ways and Means....................................................................................................................... 101
Senior committee secretary.................................................................................... 98
Committee secretary................................................................................................ 90
κ2001 Statutes of Nevada, Page 2664 (CHAPTER 527, SB 579)κ
Senior proofreader................................................................................................... 98
Proofreader............................................................................................................... 90
Committee minutes coordinator........................................................................... 98
Data entry technician.............................................................................................. 82
Word processing clerk............................................................................................ 69
Reproduction services supervisor......................................................................... 90
Bill services administrator/Supervisor of bill services..................................... 82
Assistant bill services administrator/Supervisor of bill services.................... 75
Bill services clerk..................................................................................................... 61
2. In addition to the positions listed in subsection 1, the secretary of the senate and the chief clerk of the assembly may establish additional positions as necessary and shall establish an appropriate base amount for those additional positions.
3. The base amount paid to an employee of the legislature listed in subsection 1 or created pursuant to subsection 2:
(a) Must be increased cumulatively by each cost of living increase granted to employees in the classified service of the state that becomes effective on or after July 1, 2001; and
(b) May be increased cumulatively by the secretary of the senate or the chief clerk of the assembly, as applicable, by one step of 5 percent for each regular legislative session during which the employee previously worked for the legislature in the same or a similar position, not to exceed nine steps per position, if the secretary of the senate or the chief clerk of the assembly determined that the employee performed his duties in a satisfactory manner during the previous session or sessions.
4. During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the base amount specified in subsection 1 for each day of service [.
3.] , as adjusted pursuant to subsection 3, if applicable.
5. During periods before the commencement of a session and after the adjournment of a session sine die, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid at an hourly rate commensurate with the daily rate specified in subsection 1 [.] , as applicable, and are entitled to be compensated for overtime in the same manner as provided for employees of the legislative counsel bureau.
________
κ2001 Statutes of Nevada, Page 2665κ
Senate Bill No. 581Committee on Finance
CHAPTER 528
AN ACT making a supplemental appropriation to the Western Interstate Commission for Higher Education for a projected shortfall in the personnel services category; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Western Interstate Commission for Higher Education the sum of $6,000 for a projected shortfall in the personnel services category. This appropriation is supplemental to that made by section 17 of chapter 571, Statutes of Nevada 1999, at page 2980.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 539Committee on Human Resources and Facilities
CHAPTER 529
AN ACT relating to the fund for a healthy Nevada; providing that a portion of the money in the fund may be used to pay certain administrative costs incurred by the state treasurer and the department of human resources; providing for the appointment and terms of office of certain officers of the task force; revising the program of subsidies for the provision of prescription drugs and pharmaceutical services to senior citizens; directing the development of an additional subsidized state program to provide prescription drugs and pharmaceutical services to senior citizens with low incomes and repealing the existing insurance-based program under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. Household income has the meaning ascribed to it in NRS 361.820.
Sec. 4. Income has the meaning ascribed to it in NRS 361.823.
Sec. 5. Senior citizen means a person who is domiciled in this state and is 62 years of age or older.
Sec. 6. The department is responsible for the administration of the provisions of sections 2 to 10, inclusive, of this act and may:
κ2001 Statutes of Nevada, Page 2666 (CHAPTER 529, SB 539)κ
1. Prescribe the content and form of a request for a subsidy required to be submitted pursuant to section 9 of this act.
2. Designate the proof that must be submitted with such a request.
3. Adopt regulations to protect the confidentiality of information supplied by a senior citizen requesting a subsidy pursuant to section 9 of this act.
4. Adopt such other regulations as may be required to carry out the provisions of sections 2 to 10, inclusive, of this act.
Sec. 7. The department of human resources shall, in cooperation with the department of taxation and the various counties in this state:
1. Combine all possible administrative procedures required for determining those persons who are eligible for assistance pursuant to NRS 361.800 to 361.877, inclusive, and sections 2 to 10, inclusive, of this act;
2. Coordinate the collection of information required to carry out those provisions in a manner that requires persons requesting assistance to furnish information in as few reports as possible; and
3. Design forms that may be used jointly by the department of human resources, the department of taxation and the various counties in this state to carry out the provisions of NRS 361.800 to 361.877, inclusive, and sections 2 to 10, inclusive, of this act.
Sec. 8. 1. The department shall, within the limits of the money available for this purpose in the fund for a healthy Nevada, develop and carry out a program for senior citizens to provide prescription drugs and pharmaceutical services to them at a subsidized cost whereby the state will pay the difference between the copayment required by the program and the actual cost of the drug from the pharmacist. The department shall refer to this program as the Senior Option Program and cause it to be marketed under that name.
2. Within the limits of the money available for this purpose in the fund for a healthy Nevada, a senior citizen who:
(a) Is not eligible for Medicaid; and
(b) Is accepted into the program that is made available pursuant to subsection 1,
is entitled to an annual grant from the trust fund to subsidize a portion of the cost of his prescription drugs and pharmaceutical services if he has been domiciled in this state for at least 1 year immediately preceding the date of his application and his household income is less than $21,500.
3. The department may pay its costs for administering this program from the fund for a healthy Nevada and shall include as components of the subsidized program:
(a) A maximum annual application fee of $25.
(b) A requirement that a generic drug be used to fill the prescription, unless the substitution of a generic drug for a drug with a brand name is specifically prohibited by the provider of health care who issued the prescription.
(c) A maximum required copayment for generic drugs of $10 per prescription.
(d) A maximum required copayment for nongeneric drugs of $25 per prescription.
(e) The formulary for the program must be the same formulary as is used for the state plan for Medicaid.
κ2001 Statutes of Nevada, Page 2667 (CHAPTER 529, SB 539)κ
(f) The maximum limitation per year on the subsidy each person may receive under this program is $5,000.
(g) Allow persons who are participating in the program to fill their prescriptions by mail.
(h) A maximum of $100 as the amount of deductible expenses that may be required of participants before they are eligible to receive benefits under this program.
(i) The rebates from pharmaceutical manufacturers for drugs purchased through this program must be at least equal to the rebates provided for drugs purchased pursuant to the state plan for Medicaid and must be deposited in the fund for a healthy Nevada to support this program.
(j) A pharmacy benefits manager may be hired by contract to assist in the development and administration of this program, if deemed advisable and fiscally prudent by the department.
(k) The rates negotiated by the department or its representative for the prescription drugs sold by the pharmacies that agree to participate in this program must not be more than the rates charged to the department under the state plan for Medicaid, if not the best and lowest prices available from the pharmacy to any customer.
4. If the Federal Government provides any coverage of prescription drugs and pharmaceutical services for senior citizens who are eligible for a subsidy pursuant to subsections 1, 2 and 3, the department may, upon approval of the legislature, or the interim finance committee if the legislature is not in session, change any program established pursuant to sections 2 to 10, inclusive, of this act and otherwise provide assistance with prescription drugs and pharmaceutical services for senior citizens within the limits of the money available for this purpose in the fund for a healthy Nevada.
5. The provisions of subsections 1, 2 and 3 do not apply if the department provides assistance with prescription drugs and pharmaceutical services for senior citizens pursuant to subsection 4.
6. The department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant if the circumstances of the applicants household have changed as a result of:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship based on a significant reduction of income, when considering the applicants current financial circumstances.
An applicant who requests such a waiver shall include with that request all medical and financial documents that support his request.
Sec. 9. 1. A senior citizen who wishes to receive a subsidy pursuant to sections 2 to 10, inclusive, of this act must file a request therefor with the department.
2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.
3. The department shall, within 45 days after receiving a request for a subsidy, examine the request and grant or deny it.
κ2001 Statutes of Nevada, Page 2668 (CHAPTER 529, SB 539)κ
4. The department shall determine which senior citizens are eligible to receive a subsidy pursuant to sections 2 to 10, inclusive, of this act and pay the subsidy in the manner set forth in the program.
Sec. 10. 1. The department shall deny any request for a subsidy received pursuant to sections 2 to 10, inclusive, of this act to which the senior citizen is not entitled.
2. The department may deny in total any request which it finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy must be repaid by the senior citizen to the department.
3. Any amounts received by the department pursuant to this section must be deposited with the state treasurer for credit to the fund for a healthy Nevada for credit to this program.
Sec. 11. NRS 439.620 is hereby amended to read as follows:
439.620 1. The fund for a healthy Nevada is hereby created in the state treasury. The state treasurer shall deposit in the fund:
(a) Fifty percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Fifty percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.
2. The state treasurer shall administer the fund. As administrator of the fund, the state treasurer:
(a) Shall maintain the financial records of the fund;
(b) Shall invest the money in the fund as the money in other state funds is invested;
(c) Shall manage any account associated with the fund;
(d) Shall maintain any instruments that evidence investments made with the money in the fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the fund.
3. The interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.
4. Upon receiving a request from the state treasurer or the department for an allocation for administrative expenses from the fund pursuant to this section, the task force shall consider the request within 45 days after receipt of the request. If the task force approves the amount requested for allocation, the task force shall notify the state treasurer of the allocation. If the task force does not approve the requested allocation within 45 days after receipt of the request, the state treasurer or the department, as applicable, may submit its request for allocation to the interim finance committee. Except as otherwise limited by this subsection, the interim finance committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the fund, whether allocated by the task force or the interim finance committee must not exceed:
(a) Not more than 2 percent of the money in the fund [may be used] , as calculated pursuant to this subsection, each year to pay the costs [of administering] incurred by the state treasurer to administer the fund [.] ; and
κ2001 Statutes of Nevada, Page 2669 (CHAPTER 529, SB 539)κ
(b) Not more than 3 percent of the money in the fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the department, including, without limitation, the aging services division of the department, to carry out its duties set forth in NRS 439.625 to 439.690, inclusive.
For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the state treasurer to be deposited in the fund during that fiscal year.
5. The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.
6. All money that is deposited or paid into the fund is hereby appropriated to the department and, except as otherwise provided in paragraphs (c) and (d) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the task force for the fund for a healthy Nevada. Money expended from the fund for a healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.
Sec. 12. NRS 439.620 is hereby amended to read as follows:
439.620 1. The fund for a healthy Nevada is hereby created in the state treasury. The state treasurer shall deposit in the fund:
(a) Fifty percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Fifty percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.
2. The state treasurer shall administer the fund. As administrator of the fund, the state treasurer:
(a) Shall maintain the financial records of the fund;
(b) Shall invest the money in the fund as the money in other state funds is invested;
(c) Shall manage any account associated with the fund;
(d) Shall maintain any instruments that evidence investments made with the money in the fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the fund.
3. The interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.
4. Upon receiving a request from the state treasurer or the department for an allocation for administrative expenses from the fund pursuant to this section, the task force shall consider the request within 45 days after receipt of the request. If the task force approves the amount requested for allocation, the task force shall notify the state treasurer of the allocation. If the task force does not approve the requested allocation within 45 days after receipt of the request, the state treasurer or the department, as applicable, may submit its request for allocation to the interim finance committee. Except as otherwise limited by this subsection, the interim finance committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the fund, whether allocated by the task force or the interim finance committee must not exceed:
κ2001 Statutes of Nevada, Page 2670 (CHAPTER 529, SB 539)κ
administrative expenses from the fund, whether allocated by the task force or the interim finance committee must not exceed:
(a) Not more than 2 percent of the money in the fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the state treasurer to administer the fund; and
(b) Not more than 3 percent of the money in the fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the department, including, without limitation, the aging services division of the department, to carry out its duties set forth in NRS 439.625 [to 439.690, inclusive,] , 439.630, and sections 2 to 10, inclusive, of this act.
For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the state treasurer to be deposited in the fund during that fiscal year.
5. The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.
6. All money that is deposited or paid into the fund is hereby appropriated to the department and, except as otherwise provided in paragraphs (c) and (d) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the task force for the fund for a healthy Nevada. Money expended from the fund for a healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.
Sec. 13. NRS 439.625 is hereby amended to read as follows:
439.625 1. The task force for the fund for a healthy Nevada is hereby created. The membership of the task force consists of:
(a) Three members appointed by the majority leader of the senate, one of whom must be a senator and one of whom must be a member of a nonprofit organization dedicated to health issues in this state; [and]
(b) Three members appointed by the speaker of the assembly, one of whom must be an assemblyman and one of whom must be a member of a nonprofit organization dedicated to health issues in this state; and
(c) Three members appointed by the governor, one of whom must have experience with and knowledge of matters relating to health care.
Each member appointed pursuant to this subsection must be a resident of this state and must not be employed in the executive or judicial branch of state government.
[2.] Each person who appoints members pursuant to this subsection [1] shall ensure that insofar as practicable, the members whom he appoints reflect the ethnic and geographical diversity of this state.
2. At its first meeting on or after July 1 of each odd-numbered year, the task force shall select the chairman and vice chairman of the task force from among the legislative members of the task force. Each such officer shall hold office for a term of 2 years or until his successor is selected. The chairmanship of the task force must alternate each biennium between the houses of the legislature.
3. For each day or portion of a day during which a member of the task force who is a legislator attends a meeting of the task force or is otherwise engaged in the work of the task force, except during a regular or special session of the legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;
κ2001 Statutes of Nevada, Page 2671 (CHAPTER 529, SB 539)κ
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the legislative members of the task force must be paid from the legislative fund.
4. Members of the task force who are not legislators serve without salary, except that they are entitled to receive travel expenses provided for state officers and employees generally. The travel expenses of:
(a) A member of the task force who is an officer or employee of a local government thereof must be paid by the local government that employs him.
(b) Each remaining member of the task force must be paid from the legislative fund.
5. Each member of the task force who is an officer or employee of a local government must be relieved from his duties without loss of his regular compensation so that he may perform his duties relating to the task force in the most timely manner practicable. A local government shall not require an officer or employee who is a member of the task force to:
(a) Make up the time he is absent from work to fulfill his obligations as a member of the task force; or
(b) Take annual leave or compensatory time for the absence.
6. The legislative counsel bureau and the department shall provide such administrative support to the task force as is required to carry out the duties of the task force. The state health officer shall provide such technical advice and assistance to the task force as is requested by the task force.
Sec. 14. NRS 439.630 is hereby amended to read as follows:
439.630 1. The task force for the fund for a healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and
(5) Offer other general or specific information on health care in this state.
(b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for direct expenditure by the department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money reserved to the department pursuant to this paragraph, the department shall subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive. The department shall consider recommendations from the task force for the fund for a healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The department shall submit a quarterly report to the governor , the task force for the fund for a healthy Nevada and the interim finance committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
κ2001 Statutes of Nevada, Page 2672 (CHAPTER 529, SB 539)κ
the task force for the fund for a healthy Nevada and the interim finance committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
(d) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for allocation by the aging services division of the department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
The aging services division of the department shall consider recommendations from the task force for the fund for a healthy Nevada concerning the independent living needs of senior citizens.
(e) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.
(f) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund [each year] for a healthy Nevada each year for programs that improve health services for children and [for] the health and well-being of persons with disabilities.
(g) Maximize expenditures through local, federal and private matching contributions.
(h) Ensure that any money expended from the fund for a healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.
(i) Develop policies and procedures for the administration and distribution of grants and other expenditures to state agencies, political subdivisions of this state, nonprofit organizations, universities and community colleges. A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals [.] per fiscal year.
(j) To make the allocations required by paragraphs (e) and (f) : [of subsection 1:]
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept grant applications for allocations;
(3) Conduct annual evaluations of programs to which allocations have been awarded; and
(4) Submit annual reports concerning the programs to the governor and the interim finance committee.
(k) Transmit a report of all findings, recommendations and expenditures to the governor and each regular session of the legislature.
2. The task force may take such other actions as are necessary to carry out its duties.
3. The department shall take all actions necessary to ensure that all allocations for expenditures made by the task force are carried out as directed by the task force.
κ2001 Statutes of Nevada, Page 2673 (CHAPTER 529, SB 539)κ
4. To make the allocations required by paragraph (d) of subsection 1, the aging services division of the department shall:
(a) Prioritize and quantify the needs of senior citizens for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the interim finance committee;
(d) Award grants or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the grant program to the governor and the interim finance committee.
5. The aging services division of the department shall submit each proposed grant which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The aging services division of the department shall not expend or transfer any money allocated to the aging services division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive.
6. The department, on behalf of the task force, shall submit each allocation proposed pursuant to paragraph (e) or (f) of subsection 1 which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
Sec. 15. NRS 439.630 is hereby amended to read as follows:
439.630 1. The task force for the fund for a healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and
(5) Offer other general or specific information on health care in this state.
(b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for direct expenditure by the department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. From the money reserved to the department pursuant to this paragraph, the department shall subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. The department shall consider recommendations from the task force for the fund for a healthy Nevada in carrying out the provisions of [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act.
κ2001 Statutes of Nevada, Page 2674 (CHAPTER 529, SB 539)κ
pharmaceutical services pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. The department shall consider recommendations from the task force for the fund for a healthy Nevada in carrying out the provisions of [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. The department shall submit a quarterly report to the governor, the task force for the fund for a healthy Nevada and the interim finance committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
(d) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for allocation by the aging services division of the department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
The aging services division of the department shall consider recommendations from the task force for the fund for a healthy Nevada concerning the independent living needs of senior citizens.
(e) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.
(f) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that improve health services for children and the health and well-being of persons with disabilities.
(g) Maximize expenditures through local, federal and private matching contributions.
(h) Ensure that any money expended from the fund for a healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.
(i) Develop policies and procedures for the administration and distribution of grants and other expenditures to state agencies, political subdivisions of this state, nonprofit organizations, universities and community colleges. A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per fiscal year.
(j) To make the allocations required by paragraphs (e) and (f):
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept grant applications for allocations;
(3) Conduct annual evaluations of programs to which allocations have been awarded; and
(4) Submit annual reports concerning the programs to the governor and the interim finance committee.
κ2001 Statutes of Nevada, Page 2675 (CHAPTER 529, SB 539)κ
(k) Transmit a report of all findings, recommendations and expenditures to the governor and each regular session of the legislature.
2. The task force may take such other actions as are necessary to carry out its duties.
3. The department shall take all actions necessary to ensure that all allocations for expenditures made by the task force are carried out as directed by the task force.
4. To make the allocations required by paragraph (d) of subsection 1, the aging services division of the department shall:
(a) Prioritize and quantify the needs of senior citizens for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the interim finance committee;
(d) Award grants or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the grant program to the governor and the interim finance committee.
5. The aging services division of the department shall submit each proposed grant which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The aging services division of the department shall not expend or transfer any money allocated to the aging services division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act.
6. The department, on behalf of the task force, shall submit each allocation proposed pursuant to paragraph (e) or (f) of subsection 1 which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
Sec. 16. NRS 439.665 is hereby amended to read as follows:
439.665 1. The department shall enter into contracts with private insurers who transact health insurance in this state to arrange for the availability, at a reasonable cost, of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services.
2. Within the limits of the money available for this purpose in the fund for a healthy Nevada, a senior citizen who is not eligible for Medicaid and who purchases a policy of health insurance that is made available pursuant to subsection 1 is entitled to an annual grant from the trust fund to subsidize [a portion of] the cost of that insurance , including premiums and deductibles, if he has been domiciled in this state for at least 1 year immediately preceding the date of his application and his household income is [within one of the income ranges for which grants are provided pursuant to this subsection to the extent determined by the percentage shown opposite his household income on the following schedule:
κ2001 Statutes of Nevada, Page 2676 (CHAPTER 529, SB 539)κ
Percent of
Amount of Household Cost of Insurance Allowable
Income Is Over But Not Over as a Subsidy
$0 -$12,700 90
12,700 14,800 80
14,800 -17,000 50
17,000 -19,100 25
19,100 -21,500 10] not over $21,500.
3. The [amount of any] subsidy granted pursuant to this section must not exceed the annual cost of insurance that provides coverage for prescription drugs and pharmaceutical services [or $480 per year, whichever is less.] , including premiums and deductibles.
4. A policy of health insurance that is made available pursuant to subsection 1 must provide for:
(a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer; and
(b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer.
5. The department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant if the circumstances of the applicants household have changed as a result of:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship based on a significant reduction of income, when considering the applicants current financial circumstances.
An applicant who requests such a waiver shall include with that request all medical and financial documents that support his request.
6. If the Federal Government provides any coverage of prescription drugs and pharmaceutical services for senior citizens who are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the department may, upon approval of the legislature, or the interim finance committee if the legislature is not in session, change any program established pursuant to NRS 439.635 to 439.690, inclusive, and otherwise provide assistance with prescription drugs and pharmaceutical services for senior citizens within the limits of the money available for this purpose in the fund for a healthy Nevada.
7. The provisions of subsections 1 to 5, inclusive, do not apply if the department provides assistance with prescription drugs and pharmaceutical services for senior citizens pursuant to subsection 6.
Sec. 17. NRS 439.670 is hereby amended to read as follows:
439.670 1. A senior citizen who wishes to receive a subsidy pursuant to NRS 439.665 must file a request therefor with the department.
2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.
3. The department shall, within 45 days after receiving a request for a subsidy, examine the request [,] and grant or deny it . [, and if granted, shall determine the amount of the subsidy to which the senior citizen is entitled.]
κ2001 Statutes of Nevada, Page 2677 (CHAPTER 529, SB 539)κ
4. The department shall determine which senior citizens are eligible to receive a subsidy pursuant to NRS 439.665 and pay the subsidy directly to an insurer with whom the department has entered into a contract pursuant to NRS 439.665.
Sec. 18. NRS 439.675 is hereby amended to read as follows:
439.675 1. The department shall deny any request for a subsidy received pursuant to NRS 439.670 to which the senior citizen is not [entitled or any amount in excess of that to which the senior citizen is] entitled.
2. The department may deny in total any request which it finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy must be repaid by the senior citizen to the department.
3. Any amounts received by the department pursuant to this section must be deposited with the state treasurer for credit to the fund for a healthy Nevada.
Sec. 19. NRS 218.6827 is hereby amended to read as follows:
218.6827 1. Except as otherwise provided in subsections 2 and 3, the interim finance committee may exercise the powers conferred upon it by law only when the legislature is not in regular or special session.
2. During a regular session, the interim finance committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620, 439.630, subsection 6 of NRS 445B.830 and NRS 538.650. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
3. During a regular or special session, the interim finance committee may exercise the powers and duties conferred upon it pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive.
4. If the interim finance committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the legislative commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.
Sec. 20. NRS 439.635, 439.640, 439.645, 439.650, 439.655, 439.660, 439.665, 439.670, 439.675, 439.680, 439.685 and 439.690 are hereby repealed.
Sec. 21. 1. The department of human resources shall:
(a) Periodically review the formulary that is covered by a policy of health insurance that is made available pursuant to NRS 439.635 to 439.690, inclusive, and ensure that the formulary includes prescription drugs and pharmaceutical services that senior citizens generally require; and
(b) File a report on December 1, 2002, with the governor and the director of the legislative counsel bureau setting forth:
(1) The number of senior citizens who are insured by a policy of health insurance that is made available pursuant to NRS 439.635 to 439.690, inclusive, and the number of those senior citizens who are receiving an annual grant from the fund for a healthy Nevada to subsidize the cost of that insurance; and
κ2001 Statutes of Nevada, Page 2678 (CHAPTER 529, SB 539)κ
annual grant from the fund for a healthy Nevada to subsidize the cost of that insurance; and
(2) Whether, based on the money available to the department of human resources for the period from January 1, 2002, to December 31, 2002, for providing subsidies to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, the department had the financial ability to provide subsidies to at least 4,700 senior citizens and the coverage and benefits set forth in NRS 439.635 to 439.690, inclusive.
2. If the Governor determines that it is in the best interests of the state that the Senior Option Program set forth in sections 2 to 10, inclusive, of this act be implemented before January 1, 2003, to replace the provisions of NRS 439.635 to 439.690, inclusive, he shall issue a proclamation to that effect.
Sec. 22. 1. As soon as practicable after July 1, 2001, the task force for the fund for a healthy Nevada shall select:
(a) The chairman of the task force from among the members of the task force who are members of the senate; and
(b) The vice chairman of the task force from among the remaining legislative members of the task force.
2. Each officer selected pursuant to subsection 1 shall hold office for a term of 2 years or until his successor is selected.
Sec. 23. 1. On July 2, 2001, after reserving the amount of the administrative costs which may be allocated pursuant to subsection 4 of NRS 439.620 for fiscal year 2001-2002, the state treasurer shall allocate from the remaining amount of money in the fund for a healthy Nevada thirty percent to the department of human resources for expenditure pursuant to NRS 439.635 to 439.690, inclusive.
2. If applicable, on July 1, 2002, after reserving the amount of the administrative costs which may be allocated pursuant to subsection 4 of NRS 439.620 for fiscal year 2002-2003, the state treasurer shall allocate from the remaining amount of money in the fund for a healthy Nevada thirty percent to the department of human resources for expenditure pursuant to NRS 439.635 to 439.690, inclusive.
Sec. 24. 1. This section and sections 11, 13, 14, 16 to 19, inclusive, 21, 22 and 23 of this act become effective upon passage and approval.
2. Sections 1 to 10, inclusive, and 12, 15 and 20 of this act become effective:
(a) Upon proclamation by the Governor pursuant to subsection 2 of section 21 of this act; or
(b) On January 1, 2003, if the report filed by the department of human resources pursuant to paragraph (b) of subsection 1 of section 21 of this act indicates either that:
(1) There are fewer than 3,500 senior citizens enrolled in and receiving subsidies pursuant to a program established pursuant to NRS 439.635 to 439.690, inclusive; or
(2) The annual allocation of money available to the department of human resources for the period from January 1, 2002, to December 31, 2002, to provide subsidies to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, was not sufficient to provide at least 4,700 senior citizens with the subsidized insurance-based coverage and benefits set forth in NRS 439.635 to 439.690, inclusive.
________
κ2001 Statutes of Nevada, Page 2679κ
Assembly Bill No. 239Committee on Judiciary
CHAPTER 530
AN ACT relating to fees in civil actions; authorizing a board of county commissioners to impose an additional fee for the filing of certain actions and responses thereto in district courts and justices courts to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence; and providing other matters properly relating thereto.
[Approved: June 12, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, in addition to any other fee required by law, in each county that charges a fee pursuant to NRS 19.031 to offset a portion of the costs of providing legal services without a charge to indigent or elderly persons, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence to be remitted to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for programs for the indigent in an amount not to exceed:
(a) Five dollars to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.
(b) Twenty-five dollars to be paid on the filing of any motion or other paper that seeks to modify or adjust a final order that was issued pursuant to chapter 125, 125B or 125C of NRS and on the filing of any answer or response to such a motion or other paper.
2. A board of county commissioners may not by ordinance impose a filing fee pursuant to paragraph (b) of subsection 1 for:
(a) A motion filed solely to adjust the amount of support for a child set forth in a final order; or
(b) A motion for reconsideration or for a new trial that is filed within 10 days after a final judgment or decree has been issued.
3. On or before the first Monday of each month, in a county in which a fee has been imposed pursuant to subsection 1, the county clerk shall account for and pay over to the county treasurer any such fees collected by him during the preceding month. The county treasurer shall remit quarterly to the organization to which the fees are to be paid pursuant to subsection 1 all the money received by him from the county clerk.
4. Any fees collected pursuant to this section must be used for the benefit of the persons to whom the organization operating the program for legal services that receives money pursuant to this section provides legal services without a charge.
κ2001 Statutes of Nevada, Page 2680 (CHAPTER 530, AB 239)κ
Sec. 2. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any other fee required by law, in each county that charges a fee pursuant to NRS 19.031 to offset a portion of the costs of providing legal services without a charge to indigent or elderly persons, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence to be remitted to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for programs for the indigent in an amount not to exceed $5 to be paid on the commencement of any action or proceeding in the justices court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.
2. On or before the first Monday of each month, in a county in which a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by him during the preceding month. The county treasurer shall remit quarterly to the organization to which the fees are to be paid pursuant to subsection 1 all the money received by him from the justice of the peace.
3. Any fees collected pursuant to this section must be used for the benefit of the persons to whom the organization operating the program for legal services that receives money pursuant to this section provides legal services without a charge.
Sec. 3. This act becomes effective on July 1, 2001.
________
Assembly Bill No. 198Committee on Natural Resources, Agriculture, and Mining
CHAPTER 531
AN ACT relating to air pollution; authorizing certain stations licensed to inspect motor vehicles and devices for the control of pollution to charge a customer a surcharge for the costs of obtaining certain information regarding the customers vehicle; authorizing certain stations licensed to inspect motor vehicles and devices for the control of pollution to retain a percentage of certain fees as a commission; revising the provisions relating to expenditures from the pollution control account for purposes relating to air quality; and providing other matters properly relating thereto.
[Approved: June 12, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If an authorized station or authorized inspection station is required to collect a fee pursuant to subsection 1 of NRS 445B.830, the station may charge a customer whose vehicle is inspected by the station the amount of any electronic transmission surcharge that the station incurs to obtain information which the station is required by law to obtain with respect to that customers vehicle.
κ2001 Statutes of Nevada, Page 2681 (CHAPTER 531, AB 198)κ
obtain information which the station is required by law to obtain with respect to that customers vehicle.
2. An electronic transmission surcharge that is charged to a customer pursuant to subsection 1 must be set forth as a separate entry on the form certifying emission control compliance which the authorized station or authorized inspection station provides to the customer.
3. As used in this section, electronic transmission surcharge means the amount that an authorized station or authorized inspection station is required to pay to a contractor who owns or operates a database for the identification of vehicles for the transmission of information regarding a particular vehicle from the database to the authorized station or authorized inspection station.
Sec. 3. 1. If the board of county commissioners of a county is authorized to impose an additional fee for each form certifying emission control compliance, the board shall ensure that 2 percent of any such fee it imposes is retained as a commission by the authorized station or authorized inspection station that performs the inspection pursuant to which the form certifying emission control compliance is issued.
2. As used in this section, additional fee does not include any fee that is imposed pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 445B.830.
Sec. 4. NRS 445B.700 is hereby amended to read as follows:
445B.700 As used in NRS 445B.700 to 445B.845, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.758, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 445B.830 is hereby amended to read as follows:
445B.830 1. In areas of the state where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control account, which is hereby created in the state general fund:
(a) For the issuance and annual renewal of a license for an authorized inspection station, authorized maintenance station, authorized station or fleet station......................... $25
(b) For each set of 25 forms certifying emission control compliance................ 125
(c) For each form issued to a fleet station................................................................... 5
2. Except as otherwise provided in subsections 4, 5 and 6, and after deduction of the amount required for grants pursuant to paragraph (a) of subsection 4, money in the pollution control account may, pursuant to legislative appropriation or with the approval of the interim finance committee, be expended by the following agencies in the following order of priority:
(a) The department of motor vehicles and public safety to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.
(b) The state department of conservation and natural resources to carry out the provisions of this chapter.
(c) The state department of agriculture to carry out the provisions of NRS 590.010 to 590.150, inclusive.
κ2001 Statutes of Nevada, Page 2682 (CHAPTER 531, AB 198)κ
(d) Local governmental agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.
(e) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.
3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.
4. The department of motor vehicles and public safety shall by regulation establish a program to award grants of money in the pollution control account to local governmental agencies in nonattainment or maintenance areas for [carbon monoxide] an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of air. The grants to agencies in a county pursuant to this subsection must be made from:
(a) An amount of money in the pollution control account that is equal to one-fifth of the amount received for each form issued in the county pursuant to subsection 1; and
(b) Excess money in the pollution control account. As used in this paragraph, excess money means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year, after deduction of the amount required for grants pursuant to paragraph (a) and any disbursements made from the account pursuant to subsection 2.
5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445B.770.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the deputy director of the motor vehicles branch of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the deputy director and the administrator must not be awarded until approved by the interim finance committee.
Sec. 6. NRS 218.6827 is hereby amended to read as follows:
218.6827 1. Except as otherwise provided in subsections 2 and 3, the interim finance committee may exercise the powers conferred upon it by law only when the legislature is not in regular or special session.
2. During a regular session, the interim finance committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762 [,] and NRS 428.375, 439.630, [subsection 6 of NRS] 445B.830 and [NRS] 538.650.
κ2001 Statutes of Nevada, Page 2683 (CHAPTER 531, AB 198)κ
323.050, subsection 1 of NRS 323.100, subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762 [,] and NRS 428.375, 439.630, [subsection 6 of NRS] 445B.830 and [NRS] 538.650. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
3. During a regular or special session, the interim finance committee may exercise the powers and duties conferred upon it pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive.
4. If the interim finance committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the legislative commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.
Sec. 7. 1. This section and sections 1, 3, 4 and 6 of this act become effective on July 1, 2001.
2. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.
3. Section 2 of this act becomes effective on January 1, 2002.
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Assembly Bill No. 641Committee on Transportation
CHAPTER 532
AN ACT relating to the Multistate Highway Transportation Agreement; providing that each participating jurisdiction is entitled to select not more than two designated representatives to serve on the cooperating committee; authorizing the departments, agencies and officers of each participating jurisdiction to cooperate with and provide assistance to the cooperating committee under certain circumstances; specifying the designated representatives from this state to serve on the cooperating committee; and providing other matters properly relating thereto.
[Approved: June 12, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481A.010 is hereby amended to read as follows:
481A.010 The Multistate Highway Transportation Agreement is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE I Findings and Purposes
Section 1. Findings. The participating jurisdictions find that:
(a) The expanding regional economy depends on expanding transportation capacity;
(b) Highway transportation is the major mode for movement of [people] persons and goods in the western states;
(c) Uniform application in the west of more adequate vehicle size and weight standards will result in a reduction of pollution, congestion, fuel consumption and related transportation costs, which are necessary to permit increased productivity;
κ2001 Statutes of Nevada, Page 2684 (CHAPTER 532, AB 641)κ
consumption and related transportation costs, which are necessary to permit increased productivity;
(d) A number of western states have already, to the fullest extent possible, adopted substantially the 1964 Bureau of Public Roads recommended vehicle size and weight standards; and
(e) The [1956 provision of federal law, (23 U.S.C. 127), though long outmoded, remains in effect depriving states of interstate matching money if vehicle weights and widths are increased, even though the Interstate System is more than 80 percent complete; and
(f) The] participating jurisdictions are most capable of developing vehicle size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of highway safety.
Sec. 2. Purposes. The purposes of this agreement are to:
(a) Adhere to the principle that each participating jurisdiction should have the freedom to develop vehicle size and weight standards that it determines to be most appropriate to its economy and highway system.
(b) Establish a system authorizing the operation of vehicles traveling between two or more participating jurisdictions at more adequate size and weight standards.
(c) Promote uniformity among participating jurisdictions in vehicle size and weight standards on the basis of the objectives set forth in this agreement.
(d) Secure uniformity insofar as possible, of administrative procedures in the enforcement of recommended vehicle size and weight standards.
(e) Provide a means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in section 1 of this article.
(f) Facilitate communication among legislators, state transportation administrators and commercial industry representatives in addressing issues relating to highway transportation in participating jurisdictions.
ARTICLE II Definitions
Section 1. As used in this agreement:
(a) Cooperating committee means the committee consisting of the designated representatives from all participating jurisdictions.
(b) Designated representative means a legislator or other person authorized pursuant to Article XI to represent the jurisdiction.
[(b)] (c) Jurisdiction means a state of the United States or the District of Columbia.
[(c)] (d) Vehicle means any vehicle as defined by statute to be subject to size and weight standards which operates in two or more participating jurisdictions.
ARTICLE III General Provisions
Section 1. Qualifications for Membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish [these] those objectives.
κ2001 Statutes of Nevada, Page 2685 (CHAPTER 532, AB 641)κ
Sec. 2. Cooperation. The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.
Sec. 3. Effect of Headings. Article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section [hereof.] of this agreement.
Sec. 4. Vehicle Laws and Regulations. This agreement [shall] does not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations [thereof.] of the participating jurisdiction.
Sec. 5. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement [shall] must be reached by a unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions [shall] must be placed in writing.
Sec. 6. Amendment. This agreement may be amended by a unanimous joint action of the participating jurisdictions, acting through the officials thereof authorized to enter into this agreement, subject to the requirements of section 4 [,] of article III. Any amendment [shall] must be placed in writing and become a part [hereof.] of this agreement.
Sec. 7. Restrictions, Conditions or Limitations. Any jurisdiction entering into this agreement shall provide to each other participating jurisdiction [with] a list of any restriction, condition or limitation on the general terms of this agreement, if any.
Sec. 8. Additional Jurisdictions. Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.
ARTICLE IV Cooperating Committee
Section 1. Each participating jurisdiction is entitled to select not more than two designated representatives. Pursuant to section 2 [,] of article III, the designated representatives of the participating jurisdictions [shall] constitute a cooperating committee which [shall have the power to:] may:
(a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in relation to vehicle size and weight-related matters.
(b) Recommend and encourage the undertaking of research and testing in any aspect of vehicle size and weight or related matter when, in their collective judgment, appropriate or sufficient research or testing has not been undertaken.
(c) Recommend changes in law or policy with emphasis on compatibility of laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight-related matters.
(d) Recommend improvements in highway operations, vehicular safety and state administration of highway transportation laws.
(e) Perform any functions required to carry out the purposes of this agreement.
κ2001 Statutes of Nevada, Page 2686 (CHAPTER 532, AB 641)κ
Sec. 2. Each designated representative of a participating jurisdiction [shall be] is entitled to one vote only. No action of the committee [shall be binding] may be approved unless a majority of the total number of votes cast by the designated representatives of the participating jurisdictions are in favor [thereof.] of the action.
Sec. 3. The committee shall meet at least once annually and shall elect, from among its members, a chairman, a [vice-chairman] vice chairman and a secretary.
Sec. 4. The committee shall submit annually to the legislature of each participating jurisdiction [, no later than November 1,] a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate . [or desirable. Copies of all such reports shall be made available to the Transportation Committee of the Western Conference, Council of State Governments, and to the Western Association of State Highway Officials.]
ARTICLE V Objectives of the Participating Jurisdictions
Section 1. Objectives. The participating jurisdictions hereby declare that:
(a) It is the objective of the participating jurisdictions to obtain more efficient and [more] economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation of a vehicle or combination of vehicles in regular operation on all state highways, except those determined through an engineering evaluation to be inadequate, with a single-axle weight not in excess of 20,000 pounds, a tandem-axle weight not in excess of 34,000 pounds, and a gross vehicle or combination weight not in excess of that resulting from application of the formula:
W = 500 [LN/ (N-1) + 12N + 36]
where W = Maximum weight in pounds carried on any group of two or more axles computed to nearest 500 pounds.
L = distance in feet between the extremes of any group of two or more consecutive axles.
N = number of axles in group under consideration.
(b) It is the further objective of the participating jurisdictions that [in the event] the operation of a vehicle or combination of vehicles in interstate commerce according to the provisions of subsection (a) of this section [would result in withholding or forfeiture of federal-aid funds pursuant to section 127, Title 23, U.S. Code, the operation of such vehicle or combination of vehicles at axle and gross weights within the limits set forth in subsection (a) of this section will] be authorized under special permit authority by each participating jurisdiction [which could legally issue such permits prior to July 1, 1956, provided all regulations and procedures related to such issuance in effect as of July 1, 1956, are adhered to.
(c) The objectives of subsections (a) and (b) of this section relate to vehicles or combinations of vehicles in regular operation, and the authority of any participating jurisdiction to issue special permits for the movement of any vehicle or combination of vehicles having dimensions and/or weights in excess of the maximum statutory limits in each participating jurisdiction will not be affected.
κ2001 Statutes of Nevada, Page 2687 (CHAPTER 532, AB 641)κ
excess of the maximum statutory limits in each participating jurisdiction will not be affected.
(d)] if the vehicle or combination of vehicles weighs more than 80,000 pounds or exceeds the length prescribed by statute in the participating jurisdiction in which the vehicle or combination of vehicles is operated.
(c) It is the further objective of the participating jurisdictions to facilitate and expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (a) or (b) of this section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight-related matters , including, but not limited to, the development of [:] uniform enforcement procedures , [;] additional vehicle size and weight standards , [;] operational standards , [;] agreements or compacts to facilitate regional application and administration of vehicle size and weight standards , [;] uniform permit procedures , [;] uniform application forms , [;] rules and regulations for the operation of vehicles, including equipment requirements, driver qualifications, and operating practices , [;] and such other matters as may be pertinent.
[(e) In recognition of the limited prospects of federal revision of section 127, Title 23, U.S. Code, and in order to protect participating jurisdictions against any possibility of withholding or forfeiture of federal-aid highway funds, it is the further objective of]
(d) It is further the objective of the participating jurisdictions that the cooperating committee may recommend that the participating jurisdictions [to] jointly secure Congressional approval of this agreement and, specifically of the vehicle size and weight standards set forth in subsection (a) of this section.
[(f) In recognition of desire for a degree of national uniformity of size and weight regulations, it is the further objective to encourage development of broad, uniform size and weight standards on a national basis, and further that procedures adopted under this agreement be compatible with national standards.]
(e) It is the further objective of the participating jurisdictions to:
(1) Establish transportation laws and regulations that satisfy regional and economic requirements and promote an efficient, safe and compatible network of transportation.
(2) Develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways, consistent with and in recognition of the principles of highway safety.
(3) Establish programs to increase productivity and reduce congestion, consumption of fuel and related costs of transportation and enhance the quality of air through the uniform application of state vehicle laws and regulations.
ARTICLE VI Entry Into Force and Withdrawal
Section 1. This agreement [shall enter] enters into force when enacted into law by any two or more jurisdictions. Thereafter, this agreement [shall become] becomes effective as to any other jurisdiction upon its enactment thereof, except as otherwise provided in section 8 [,] of article III.
κ2001 Statutes of Nevada, Page 2688 (CHAPTER 532, AB 641)κ
Sec. 2. Any participating jurisdiction may withdraw from this agreement by canceling [the same but no] this agreement, but such a withdrawal [shall] must not take effect until 30 days after the designated [representative] representatives of the withdrawing jurisdiction [has] have given notice in writing of the withdrawal to all other participating jurisdictions.
ARTICLE VII Construction and Severability
Section 1. This agreement [shall] must be liberally construed [so as] to effectuate the purposes thereof.
Sec. 2. The provisions of this agreement [shall be] are severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction , or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement [shall] must not be affected thereby. If this agreement [shall be] is held to be contrary to the constitution of any jurisdiction participating herein, the agreement [shall remain] remains in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdictions affected as to all severable matters.
ARTICLE VIII Filing of Documents
Section 1. A copy of this agreement, its amendments, and rules or regulations promulgated thereunder and interpretations thereof [shall] must be filed in the highway department in each participating jurisdiction and [shall] must be made available for review by interested parties.
ARTICLE IX Cooperation by State Governments with Cooperating Committee
Section 1. Within the limits of legislative appropriations, the departments, agencies and officers of each participating jurisdiction may cooperate with and provide assistance to the cooperating committee concerning any provision of this agreement.
ARTICLE X Funding
Section 1. Funds for the administration of this agreement, including participation in the cooperating committee and the actual authorized expenses of the designated representatives, must be budgeted from any fees collected for the highway fund of each participating jurisdiction.
ARTICLE XI Selection of Designated Representatives
Section 1. Each participating jurisdiction shall establish by law the procedure for selecting its designated representatives to serve on the cooperating committee.
κ2001 Statutes of Nevada, Page 2689 (CHAPTER 532, AB 641)κ
Sec. 2. NRS 481A.020 is hereby amended to read as follows:
481A.020 [1. The governor shall appoint the director of the department of transportation as the designated representative] The designated representatives of this state to serve on the cooperating committee established by article IV of the Multistate Highway Transportation Agreement [.
2. The designated representative of this state may be represented by an alternate designated by him. Any such alternate must be a principal deputy in the department of transportation.] are:
1. The chairman of the senate standing committee on transportation or a person designated by him; and
2. The chairman of the assembly standing committee on transportation or a person designated by him.
Sec. 3. 1. There is hereby appropriated from the state highway fund to the legislative fund to pay the cost of the salaries, per diem and travel expenses and dues for membership in the Multistate Highway Transportation Association for the designated representatives specified in NRS 481A.020:
For the fiscal year 2001-2002...................................................................................................... $7,500
For the fiscal year 2002-2003...................................................................................................... $7,500
2. The sums appropriated by subsection 1 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective on July 1, 2001.
________
Assembly Bill No. 209Assemblymen Parnell, Leslie, Smith, Gibbons, Williams, Anderson, Arberry, Bache, Berman, Buckley, Chowning, Collins, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Koivisto, Lee, Manendo, McClain, Neighbors, Parks and Perkins
CHAPTER 533
AN ACT making an appropriation to the Welfare Division of the Department of Human Resources for energy bill assistance for low-income Nevadans; and providing other matters properly relating thereto.
[Approved: June 12, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Welfare Division of the Department of Human Resources the sum of $4,000,000 for energy bill assistance for low-income Nevadans.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2690κ
Senate Bill No. 208Senator Rawson
CHAPTER 534
AN ACT relating to public dental health; providing for the appointment of a state dental health officer and a state public health dental hygienist; establishing their duties; providing for the authorization of a person to practice public health dental hygiene; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The health division shall appoint a state dental health officer, who is in the unclassified service of the state. The state dental health officer must:
(a) Be a resident of this state;
(b) Hold a current license to practice dentistry issued pursuant to chapter 631 of NRS; and
(c) Be appointed on the basis of his education, training and experience and his interest in public dental health and related programs.
2. The state dental health officer shall:
(a) Determine the needs of the residents of this state for public dental health;
(b) Provide the health division with advice regarding public dental health;
(c) Make recommendations to the health division and the legislature regarding programs in this state for public dental health;
(d) Supervise the activities of the state public health dental hygienist; and
(e) Seek such information and advice from a dental school of the University and Community College System of Nevada as necessary to carry out his duties.
3. Except as otherwise provided in this subsection, the state dental health officer shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit. Notwithstanding the provisions of NRS 281.127 and 284.143, the state dental health officer may engage in academic instruction, research and studies at a dental school of the University and Community College System of Nevada.
4. The health division may solicit and accept gifts and grants to pay the costs associated with the position of state dental health officer.
Sec. 3. 1. The health division shall appoint a state public health dental hygienist, who is in the unclassified service of the state. The state public health dental hygienist must:
(a) Be a resident of this state;
(b) Hold a current license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement issued pursuant to section 7 of this act; and
κ2001 Statutes of Nevada, Page 2691 (CHAPTER 534, SB 208)κ
(c) Be appointed on the basis of his education, training and experience and his interest in public health dental hygiene and related programs.
2. The state public health dental hygienist:
(a) Shall assist the state dental health officer in carrying out his duties; and
(b) May:
(1) Make recommendations to the health division regarding programs in this state for public health dental hygiene; and
(2) Perform any acts authorized pursuant to section 7 of this act.
3. Except as otherwise provided in this subsection, the state public health dental hygienist shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit. Notwithstanding the provisions of NRS 281.127 and 284.143, the state public health dental hygienist may engage in academic instruction, research and studies in a program of the University and Community College System of Nevada.
4. The health division may solicit and accept gifts and grants to pay the costs associated with the position of state public health dental hygienist.
Sec. 3.5. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of regents may, to the extent that money is available, develop the curriculum and standards required for a student in the system to earn a bachelor of science degree in dental hygiene or a masters degree in public health dental hygiene.
Sec. 4. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 5, 6 and 7 of this act.
Sec. 5. Conscious sedation means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.
Sec. 6. Deep sedation means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.
Sec. 7. 1. The board shall, upon application by a dental hygienist who is licensed pursuant to this chapter and has such qualifications as the board specifies by regulation, issue a special endorsement of his license allowing him to practice public health dental hygiene pursuant to subsection 2.
2. The state dental health officer may authorize a person who holds a special endorsement issued pursuant to subsection 1 to provide or cause to be provided such services for the promotion of public health dental hygiene as the state dental health officer deems appropriate. Such services:
(a) May be provided at schools, community centers, hospitals, nursing homes and such other locations as the state dental health officer deems appropriate.
(b) May not be provided at a dental office that is not operated by a public or nonprofit entity.
κ2001 Statutes of Nevada, Page 2692 (CHAPTER 534, SB 208)κ
Sec. 8. NRS 631.005 is hereby amended to read as follows:
631.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.105, inclusive, and sections 5 and 6 of this act have the meanings ascribed to them in those sections.
Sec. 9. NRS 631.265 is hereby amended to read as follows:
631.265 1. No licensed dentist or person who holds a restricted license issued pursuant to NRS 631.275 may administer or supervise directly the administration of general anesthesia, conscious sedation or deep sedation to dental patients unless he has been issued a permit authorizing him to do so by the board.
2. The board may issue a permit authorizing a licensed dentist or person who holds a restricted license issued pursuant to NRS 631.275 to administer or supervise directly the administration of general anesthesia, conscious sedation or deep sedation to dental patients under such standards, conditions and other requirements as the board shall by regulation prescribe.
[3. As used in this section:
(a) Conscious sedation means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.
(b) Deep sedation means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.]
Sec. 10. NRS 631.275 is hereby amended to read as follows:
631.275 1. Except as otherwise provided in subsection 2, the board shall, without examination, issue a restricted license to practice dentistry to a person who:
(a) Has a valid license to practice dentistry issued pursuant to the laws of another state or the District of Columbia;
(b) Has received a degree from a dental school or college accredited by the [American Dental Association] Commission on Dental Accreditation [,] of the American Dental Association or its successor organization; and
(c) Has entered into a contract with a facility approved by the health division of the department of human resources to provide publicly funded dental services exclusively to persons of low income for the duration of the restricted license.
2. The board shall not issue a restricted license to a person:
(a) Who has failed to pass the examination of the board;
(b) Who has been refused a license in this state, another state or territory of the United States or the District of Columbia; or
(c) Whose license to practice dentistry has been revoked in this state, another state or territory of the United States or the District of Columbia.
3. A person to whom a restricted license is issued pursuant to subsection 1:
(a) May perform dental services only:
(1) Under the general supervision of the state dental health officer or the supervision of a dentist who is licensed to practice dentistry in this state and appointed by the health division of the department of human resources to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the health division ; [of the department;] and
κ2001 Statutes of Nevada, Page 2693 (CHAPTER 534, SB 208)κ
contract with the person to whom a restricted license is issued and which is approved by the health division ; [of the department;] and
(2) In accordance with the contract required pursuant to paragraph (c) of that subsection.
(b) Shall not, for the duration of the restricted license, engage in the private practice of dentistry, which includes, without limitation, providing dental services to a person who pays for the services.
4. A person who receives a restricted license must pass the examination of the board within 3 years after receiving his restricted license. If the person fails to pass that examination, the board shall revoke the restricted license.
5. The board may revoke a restricted license at any time.
Sec. 11. NRS 631.290 is hereby amended to read as follows:
631.290 1. Any person is eligible to take an examination for a license to practice dental hygiene in this state who:
(a) Is of good moral character;
(b) Is over 18 years of age;
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d) Is a graduate of [an accredited] a school of dental hygiene [.] or other institution that awards at least an associate degree upon completion of the program and that is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education. The program of dental hygiene must:
(1) Be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization; and
(2) Include a curriculum of not less than 2 years of academic instruction in dental hygiene or its academic equivalent.
2. To determine whether a person has good moral character the board may consider whether his license to practice dental hygiene in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.
Sec. 12. (Deleted by amendment.)
Sec. 13. NRS 631.310 is hereby amended to read as follows:
631.310 1. Except as otherwise provided in NRS 631.271 [,] and section 7 of this act, the holder of a license or renewal certificate to practice dental hygiene may practice dental hygiene in this state in the following places:
(a) In the office of any licensed dentist.
(b) In a clinic or in clinics in the public schools of this state as an employee of the health division of the department of human resources.
(c) In a clinic or in clinics in a state institution as an employee of the institution.
(d) In a clinic established by a hospital approved by the board as an employee of the hospital where service is rendered only to patients of the hospital, and upon the authorization of a member of the dental staff.
(e) In an accredited school of dental hygiene.
(f) In other places if specified in a regulation adopted by the board.
2. A dental hygienist may perform only the services which are authorized by a dentist licensed in the State of Nevada, unless otherwise provided in a regulation adopted by the board.
κ2001 Statutes of Nevada, Page 2694 (CHAPTER 534, SB 208)κ
3. Except as otherwise provided in section 7 of this act or specifically authorized by a regulation adopted by the board, a dental hygienist shall not provide services to a person unless that person is a patient of the dentist who authorized the performance of those services.
Sec. 14. NRS 631.313 is hereby amended to read as follows:
631.313 1. A licensed dentist may assign to a person in his employ who is a dental hygienist, dental assistant or other person directly or indirectly involved in the provision of dental care only such intraoral tasks as may be permitted by a regulation of the board or by the provisions of this chapter.
2. The performance of these tasks must be:
(a) If performed by a dental assistant or a person, other than a dental hygienist, who is directly or indirectly involved in the provision of dental care, under the supervision of the licensed dentist who made the assignment.
(b) If performed by a dental hygienist, authorized by the licensed dentist of the patient for whom the tasks will be performed [.] , except as otherwise provided in section 7 of this act.
3. No such assignment is permitted that requires:
(a) The diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.
(b) Surgery on hard or soft tissues within the oral cavity or any other intraoral procedure that may contribute to or result in an irremediable alteration of the oral anatomy.
(c) The administration of general [anesthetics other than by an anesthetist or anesthesiologist licensed in this state.] anesthesia, conscious sedation or deep sedation except as otherwise authorized by regulations adopted by the board.
(d) The performance of a task outside the authorized scope of practice of the employee who is being assigned the task.
4. A dental hygienist may, pursuant to regulations adopted by the board, administer local anesthesia or nitrous oxide in a health care facility, as defined in NRS 449.800, if:
(a) He is so authorized by the licensed dentist of the patient to whom the local anesthesia or nitrous oxide is administered; and
(b) The health care facility has licensed medical personnel and necessary emergency supplies and equipment available when the local anesthesia or nitrous oxide is administered.
Sec. 15. NRS 631.346 is hereby amended to read as follows:
631.346 The following acts, among others, constitute unprofessional conduct:
1. Employing, directly or indirectly, any student or any suspended or unlicensed dentist or dental hygienist to perform operations of any kind to treat or correct the teeth or jaws, except as provided in this chapter;
2. [Giving] Except as otherwise provided in section 7 of this act, giving a public demonstration of methods of practice any place other than the office where the licensee is known to be regularly engaged in this practice;
3. Employing, procuring, inducing, aiding or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry, but a patient shall not be deemed to be an accomplice, employer, procurer, inducer, aider or abettor;
κ2001 Statutes of Nevada, Page 2695 (CHAPTER 534, SB 208)κ
4. For a dental hygienist, practicing in any place not authorized [by] pursuant to this chapter; or
5. Practicing while his license is suspended or without a renewal certificate.
Sec. 16. Section 7.5 of Senate Bill No. 133 of this session is hereby amended to read as follows:
Sec. 7.5 NRS 631.290 is hereby amended to read as follows:
631.290 1. Any person is eligible to [take an examination] apply for a license to practice dental hygiene in this state who:
(a) Is of good moral character;
(b) Is over 18 years of age;
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d) Is a graduate of a school of dental hygiene or other institution that awards at least an associate degree upon completion of the program and that is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education. The program of dental hygiene must:
(1) Be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization; and
(2) Include a curriculum of not less than 2 years of academic instruction in dental hygiene or its academic equivalent.
2. To determine whether a person has good moral character , the board may consider whether his license to practice dental hygiene in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.
Sec. 17. Notwithstanding the provisions of sections 2 and 3 of this act, for the fiscal years 2001-2002 and 2002-2003:
1. The health division may, in lieu of complying with the provisions of sections 2 and 3 of this act, appoint a state dental health officer and a state public health dental hygienist from the lists of names submitted by the board of regents of the University of Nevada for terms expiring on June 30, 2003. If the board of regents fails to submit a list for any position, the health division may appoint any qualified person.
2. Unless the health division provides otherwise, each person appointed pursuant to subsection 1 shall carry out the duties set forth in sections 2 and 3 of this act without additional compensation and using the office, equipment, staff and other resources provided to him by the University and Community College System of Nevada for his existing position.
Sec. 18. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 2696κ
Assembly Bill No. 174Assemblyman Nolan
CHAPTER 535
AN ACT relating to juvenile courts; authorizing a juvenile court to establish a program of visitation to the office of the county coroner; authorizing a juvenile court to order a child who is adjudicated delinquent to participate in such a program of visitation; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A juvenile court may establish a program of visitation to the office of the county coroner in cooperation with the coroner of the county pursuant to this section.
2. Before a child may participate in a program of visitation, the parent, guardian or custodian of the child must provide to the juvenile court on a form provided by the juvenile court:
(a) Written consent for the child to participate in the program of visitation; and
(b) An executed release of liability for any act or omission, not amounting to gross negligence or willful misconduct of the juvenile court, the county coroner, or any other person administering or conducting a program of visitation, that causes personal injury or illness of the child during the period in which the child participates in the program of visitation.
3. A program of visitation must include, without limitation:
(a) A visit to the office of the county coroner at times and under circumstances determined by the county coroner.
(b) A course to instruct the child concerning:
(1) The consequences of his actions; and
(2) An awareness of his own mortality.
(c) An opportunity for each participant in a program of visitation to evaluate each component of the program.
4. The juvenile court may order the child, or the parent or guardian of the child, to pay a fee of not more than $45 based on the ability of the child or his parent or guardian to pay for the costs associated with the participation of the child in the program of visitation.
5. If a juvenile court establishes a program of visitation pursuant to this section, the juvenile court shall, on or before January 15 of each odd-numbered year, submit to the director of the legislative counsel bureau for transmittal to the legislature a report regarding the effect of the program on the incidence of juvenile crime and the rate of recidivism.
Sec. 2. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in this chapter, if the court finds that a child is within the purview of this chapter, it shall so decree and may:
κ2001 Statutes of Nevada, Page 2697 (CHAPTER 535, AB 174)κ
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorneys fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the childs drivers license for at least 90 days but not more than 2 years. If the child does not possess a drivers license, the court may prohibit the child from receiving a drivers license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a drivers license.
(2) After the date he becomes eligible to apply for a drivers license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the drivers license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all drivers licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a drivers license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.
κ2001 Statutes of Nevada, Page 2698 (CHAPTER 535, AB 174)κ
a drivers license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the childs driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.2175.
(m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness that is adequately supervised or a publicly or privately operated program for the arts that is adequately supervised. A program for the arts may include, but is not limited to, drawing, painting, photography or other visual arts, musical, dance or theatrical performance, writing or any other structured activity that involves creative or artistic expression. If the court orders the child to participate in a program of sports or physical fitness or a program for the arts, the court may order any or all of the following, in the following order of priority if practicable:
(1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;
κ2001 Statutes of Nevada, Page 2699 (CHAPTER 535, AB 174)κ
damage to property during those periods in which the child participates in the program;
(2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or
(3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.
(n) Order the child to participate in a program of visitation to the office of the county coroner pursuant to section 1 of this act. In determining whether to order a child to participate in such a program, the court shall consider whether the act committed by the child involved the use or threatened use of force or violence against himself or others or demonstrated a disregard for the safety or well-being of himself or others.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. Except as otherwise provided in NRS 62.455 and 62.570, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
κ2001 Statutes of Nevada, Page 2700 (CHAPTER 535, AB 174)κ
Sec. 3. 1. This section and section 1 of this act become effective on July 1, 2001, for the purposes of establishing programs of visitation, and on October 1, 2001, for all other purposes, and expire by limitation on October 1, 2005.
2. Section 2 of this act becomes effective on October 1, 2001, and expires by limitation on October 1, 2005.
________
Assembly Bill No. 175Committee on Government Affairs
CHAPTER 536
AN ACT relating to highways; requiring the department of transportation to establish along certain highways a system of communication for members of the general public to report emergencies and receive information concerning conditions for driving on those highways; making an appropriation; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 408.569 is hereby amended to read as follows:
408.569 The department [may] shall establish along [the most] one or more frequently traveled highways of this state a system of [telephones] communication for members of the general public to report fires, accidents or other emergencies [or] and to receive information concerning the conditions for driving on certain highways.
Sec. 2. 1. There is hereby appropriated from the state highway fund to the department of transportation the sum of $500,000 for the establishment and maintenance of an emergency system of call boxes located on Interstate Highway No. 15 from the boundary of the State of California to Lake Mead Drive in Clark County, Nevada.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2701κ
Assembly Bill No. 234Committee on Ways and Means
CHAPTER 537
AN ACT making supplemental appropriations to the Department of Motor Vehicles and Public Safety for shortfalls in the budgets of the Division of Parole and Probation, Field Services, Central Services, Parole Board, the Division of Compliance Enforcement and the Hearings Office; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Motor Vehicles and Public Safety the sum of $2,493 for an unanticipated stale payroll claim of the Division of Parole and Probation. This appropriation is supplemental to that made by section 27 of chapter 571 of Statutes of Nevada 1999, at page 2984.
Sec. 2. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $830,000 for an unanticipated shortfall in the money budgeted for new positions in Field Services. This appropriation is supplemental to that made by section 29 of chapter 571 of Statutes of Nevada 1999, at page 2984.
Sec. 3. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $230,000 for an unanticipated shortfall in the money budgeted for new positions in Central Services. This appropriation is supplemental to that made by section 29 of chapter 571 of Statutes of Nevada 1999, at page 2985.
Sec. 4. There is hereby appropriated from the state general fund to the Parole Board of the Department of Motor Vehicles and Public Safety the sum of $6,500 for a shortfall in salaries. This appropriation is supplemental to that made by section 27 of chapter 571 of Statutes of Nevada 1999, at page 2984.
Sec. 5. There is hereby appropriated from the state highway fund to the Division of Compliance Enforcement of the Department of Motor Vehicles and Public Safety the sum of $62,000 for a shortfall caused by an increase in fingerprint expenses and by the payment of terminal leave. This appropriation is supplemental to that made by section 29 of chapter 571 of Statutes of Nevada 1999, at page 2985.
Sec. 6. There is hereby appropriated from the state highway fund to the Hearings Office of the Department of Motor Vehicles and Public Safety the sum of $15,000 for a shortfall caused by the payment of terminal leave. This appropriation is supplemental to that made by section 29 of chapter 571 of Statutes of Nevada 1999, at page 2984.
Sec. 7. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2702κ
Assembly Bill No. 381Assemblymen Bache, Neighbors, Giunchigliani, de Braga, Gibbons, Anderson, Berman, Brown, Buckley, Carpenter, Chowning, Freeman, Hettrick, Lee, Leslie, Manendo, Mortenson, Oceguera, Parks, Parnell, Smith, Tiffany and Von Tobel
Joint Sponsors: Senators Amodei and Carlton
CHAPTER 538
AN ACT relating to local governments; revising the provisions relating to the incorporation and organization of cities; directing the Legislative Commission to conduct an interim study to develop and recommend proposed enabling legislation for the creation of an incorporated town; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 265.010 is hereby amended to read as follows:
265.010 No city or town in this state may be organized into an incorporated city unless there were more than [250 electors] 1,000 inhabitants residing within the limits of the city or town [cast ballots at the general election last] as determined by the last federal decennial census or the population certified by the governor pursuant to NRS 360.285, whichever is most recent, preceding the application for incorporation.
Sec. 2. NRS 266.055 is hereby amended to read as follows:
266.055 Municipal corporations organized under the provisions of this chapter [shall be, and the same are,] must be divided into three classes:
1. Those cities having [20,000] 50,000 or more inhabitants [shall be known as] are cities of the first class.
2. Those cities having [more than 5,000 and less than 20,000 inhabitants shall be known as] 5,000 or more but less than 50,000 inhabitants are cities of the second class.
3. [All other cities shall be known as] Those cities having less than 5,000 inhabitants are cities of the third class.
Sec. 3. NRS 266.060 is hereby amended to read as follows:
266.060 1. Whenever any city of the second class attains the population of [20,000] 50,000 or more, or any city of the third class attains the population of 5,000 or more, and that fact is ascertained:
(a) By actual census taken and certified to the governor by the mayor; or
(b) At the option of the city council, by the governor, pursuant to NRS 360.285, for 2 consecutive years,
the governor shall declare, by public proclamation, that city to be of the first or second class, [as the case may be,] and the city thus changed is governed by the provisions of this chapter [,] applicable to cities of the higher class.
2. An authenticated copy of the governors proclamation must be filed in the office of the secretary of state.
Sec. 4. 1. The Legislative Commission shall appoint a subcommittee consisting of six legislators to conduct an interim study to develop and recommend proposed enabling legislation for the creation of an incorporated town. The subcommittee must consist of:
κ2001 Statutes of Nevada, Page 2703 (CHAPTER 538, AB 381)κ
(a) Two members appointed by the Majority Leader of the Senate from the membership of the Senate Standing Committee on Government Affairs during the immediately preceding session of the legislature;
(b) One member appointed by the Majority Leader of the Senate from the membership of the Senate Standing Committee on Taxation during the immediately preceding session of the legislature;
(c) Two members appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Government Affairs during the immediately preceding session of the legislature; and
(d) One member appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Taxation during the immediately preceding session of the legislature.
2. The subcommittee may appoint an advisory committee to assist the subcommittee in carrying out its duties. Such an advisory committee must include a member of the Committee on Local Government Finance and representatives of the Nevada League of Cities and Municipalities, the Nevada Association of Counties and the Nevada Taxpayers Association, or their successor organizations. Members of the advisory committee serve without compensation, but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the advisory committee. The per diem allowance and travel expenses must be paid from the legislative fund.
3. The subcommittee may form such subcommittees of its members as are necessary to study specific issues within the jurisdiction of the subcommittee.
4. The subcommittee shall meet as frequently as necessary to complete the recommendations for the proposed legislation.
5. In conducting the study, the subcommittee shall:
(a) Determine appropriate procedures for the incorporation of and the governmental structure of an incorporated town;
(b) Identify and analyze the appropriate mandatory and optional powers that the governing body of an incorporated town may exercise;
(c) Consider the consolidation of any taxing district that may overlap with the boundaries of an incorporated town; and
(d) Consider existing statutes governing incorporated cities and unincorporated towns, including, without limitation, population data, governmental structure and operations, and any other matter that the subcommittee determines is relevant to the study.
6. The subcommittee may submit recommended legislation that is approved by a majority of the members of the Assembly appointed to the subcommittee and a majority of the members of the Senate appointed to the subcommittee to the Legislative Commission.
7. The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 72nd session of the Nevada Legislature.
Sec. 5. This act becomes effective on passage and approval.
________
κ2001 Statutes of Nevada, Page 2704κ
Assembly Bill No. 504Committee on Ways and Means
CHAPTER 539
AN ACT making an appropriation to the State Department of Conservation and Natural Resources for the State of Nevadas share for carrying out the Truckee River Operating Agreement; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the State Department of Conservation and Natural Resources the sum of $80,000 for the State of Nevadas share for carrying out the Truckee River Operating Agreement.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 511Committee on Ways and Means
CHAPTER 540
AN ACT making an appropriation to the Tahoe Regional Planning Agency for threshold research; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Tahoe Regional Planning Agency the sum of $200,000 for threshold research.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
3. The Tahoe Regional Planning Agency shall:
(a) Submit a quarterly report to the Interim Finance Committee regarding the nature and progress of the research being conducted; and
(b) Upon completion of the research, submit a final report to the Interim Finance Committee regarding that research.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2705κ
Assembly Bill No. 513Committee on Ways and Means
CHAPTER 541
AN ACT making an appropriation to the Department of Human Resources for the development of four long-term strategic plans concerning the health care needs of the citizens of Nevada; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $800,000 for the development of four long-term strategic plans relating to the health care needs of the residents of Nevada to be allocated as follows:
(a) For a plan to ensure the availability and accessibility of a continuum of services that appropriately meets the basic needs of Nevadas senior citizens and supports their ability to lead independent and active lives............................... $100,000
(b) For a plan to ensure the availability and accessibility of a continuum of health care services in rural areas of Nevada..................................................... $150,000
(c) For a plan to:
(1) Ensure the availability and accessibility of a continuum of services that appropriately meet the basic needs of persons with disabilities in Nevada, including, without limitation, autistic persons;
(2) Support the ability of persons with disabilities in Nevada to lead independent and active lives within their community in accordance;
(3) Continue the effort of the State of Nevada to provide community-based services which match the need of the client and provide choice between appropriate services; and
(4) Ensure that persons with disabilities in Nevada receive the services that they are entitled to receive pursuant to state and federal statutes and case law $150,000
(d) For a plan:
(1) To develop and implement a sound methodology for the establishment and periodic adjustment of rates paid by the State of Nevada for contracted health and human services which accurately reflect the required costs of providing those services; and
(2) Where applicable, to establish reimbursement rates at appropriate, consistent and competitive levels that will attract a sufficient number of providers so as to ensure the effective delivery of an appropriate range of service options for Nevadas health and human services................................................................... $400,000
2. In developing each of the long-term strategic plans authorized pursuant to subsection 1, the Department shall:
(a) Contract with one or more persons who have knowledge about and experience in facilitating group discussions which include divergent points of view and perspectives to achieve consensus and mutual satisfaction in an effective planning process;
κ2001 Statutes of Nevada, Page 2706 (CHAPTER 541, AB 513)κ
(b) Conduct public hearings in a broad range of settings and locations in this state to ensure that it receives information from all interested persons, including, without limitation, senior citizens, rural Nevadans, persons with disabilities, their representatives, governmental representatives and representatives of persons who provide institutional and community-based services to persons with disabilities; and
(c) Cause the development of each such long-term plan only after the testimony and information presented by the public has been fully considered throughout the process.
3. Any remaining balance of the appropriation made by subsection 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 515Committee on Ways and Means
CHAPTER 542
AN ACT making an appropriation to the Department of Human Resources for assistance in the operation of certain HIV/AIDS clinics and health care facilities; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $1,000,000 for assistance in the operation of HIV/AIDS clinics in Reno and Las Vegas.
2. The Department shall initially divide the amount appropriated by subsection 1 in equal portions and allocate:
(a) One-half for expenditure in the southern region of this state by the Wellness Center, Enterprise Health Care Center and any other health care facility established by the University Medical Center; and
(b) One-half for expenditure in the northern region of this state by the Northern Nevada HIV Outpatient Program, Education and Services Clinic.
Any unused or uncommitted balance from one region may be transferred by the Department for use in the other region.
3. The money appropriated by subsection 1 must be used for capital projects, including, without limitation, facilities, equipment, fixtures and furnishings related to health care treatment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2707κ
Assembly Bill No. 520Committee on Ways and Means
CHAPTER 543
AN ACT making an appropriation to the Department of Administration for distribution of a grant of money to the Governors Advisory Council on Education Relating to the Holocaust for carrying out the duties of the Council and continuing its educational programs; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Administration the sum of $75,000 for distribution of a grant of money to the Governors Advisory Council on Education Relating to the Holocaust created by NRS 233G.020 for carrying out the duties of the Council and continuing its educational programs.
2. Upon acceptance of the money appropriated by subsection 1, the Governors Advisory Council on Education Relating to the Holocaust agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Council through December 1, 2002; and
(b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2708κ
Assembly Bill No. 522Committee on Ways and Means
CHAPTER 544
AN ACT making an appropriation to the Buildings and Grounds Division of the Department of Administration for certain expenses related to the Grant Sawyer State Office Building; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Buildings and Grounds Division of the Department of Administration the sum of $220,400 for:
1. Minor remodeling of the Grant Sawyer State Office Building; and
2. Moving expenses of various agencies to and from the Grant Sawyer State Office Building.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 530Committee on Ways and Means
CHAPTER 545
AN ACT making appropriations to the Department of Human Resources for the Welfare Divisions telephone system and for costs relating to the fingerprinting of employees of the Welfare Division; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $54,572 for the Welfare Divisions telephone system.
2. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $13,315 for costs relating to the fingerprinting of the employees of the Welfare Division.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2709κ
Assembly Bill No. 564Committee on Government Affairs
CHAPTER 546
AN ACT relating to programs for public employees; requiring the commingling of the claims experience of active and retired state employees to determine rates and coverage; prohibiting the board of the public employees benefits program from entering into certain contracts; requiring the board to provide an annual report regarding the administration and operation of the program to the director of the legislative counsel bureau; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.043 is hereby amended to read as follows:
287.043 1. The board shall:
(a) Establish and carry out a program to be known as the public employees benefits program which:
(1) Must include a program relating to group life, accident or health insurance, or any combination of these; and
(2) May include a program to reduce taxable compensation or other forms of compensation other than deferred compensation,
for the benefit of all state officers and employees and other persons who participate in the program.
(b) Ensure that the program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.
2. In establishing and carrying out the program, the board shall:
(a) For the purpose of establishing actuarial data to determine rates and coverage for active and retired state officers and employees and their dependents, commingle the claims experience of such active and retired officers and employees and their dependents.
(b) Except as otherwise provided in this paragraph, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers, employees and retired employees by participation in the program. The board may establish separate rates and coverage for those officers, employees and retired employees based on actuarial reports.
[(b)] (c) Give public notice in writing of proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.
[(c)] (d) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this state or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible public officers, employees and retired employees who participate in the program.
[(d)] (e) Except as otherwise provided in this Title, develop and establish other employee benefits as necessary.
κ2001 Statutes of Nevada, Page 2710 (CHAPTER 546, AB 564)κ
[(e)] (f) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.
[(f)] (g) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.0402 to 287.049, inclusive, including, without limitation, the establishment of:
(1) Fees for applications for participation in the program and for the late payment of premiums or contributions;
(2) Conditions for entry and reentry into the program by public agencies enumerated in NRS 287.010;
(3) The levels of participation in the program required for employees of participating public agencies;
(4) Procedures by which a group of participants in the program may leave the program pursuant to NRS 287.0479 and conditions and procedures for reentry into the program by such participants; and
(5) Specific procedures for the determination of contested claims.
[(g)] (h) Appoint an independent certified public accountant. The accountant shall:
(1) Provide an annual audit of the program; and
(2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.
[(h)] (i) Appoint an attorney who specializes in employee benefits. The attorney shall:
(1) Perform a biennial review of the program to determine whether the program complies with federal and state laws relating to taxes and employee benefits; and
(2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.
3. The board shall submit an annual report regarding the administration and operation of the program to the director of the legislative counsel bureau not more than 6 months before the board establishes rates and coverage for members for the following calendar year. The report must include, without limitation:
(a) The amount paid by the program in the preceding calendar year for the claims of active and retired state officers and employees; and
(b) The amount paid by the program in the preceding calendar year for the claims of retired members of the program who were provided coverage for medical or hospital service, or both, by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that provides similar coverage.
4. The board may use any services provided to state agencies and shall use the services of the purchasing division of the department of administration to establish and carry out the program.
[4.] 5. The board may make recommendations to the legislature concerning legislation that it deems necessary and appropriate regarding the program.
[5.] 6. The state and any other public employers that participate in the program are not liable for any obligation of the program other than indemnification of the board and its employees against liability relating to the administration of the program, subject to the limitations specified in NRS 41.0349.
κ2001 Statutes of Nevada, Page 2711 (CHAPTER 546, AB 564)κ
[6.] 7. As used in this section, employee benefits includes any form of compensation provided to a public employee except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.
Sec. 2. NRS 287.0434 is hereby amended to read as follows:
287.0434 The board may:
1. Use its assets to pay the expenses of health care for its members and covered dependents, to pay its employees salaries and to pay administrative and other expenses.
2. Enter into contracts relating to the administration of the program, including, without limitation, contracts with licensed administrators and qualified actuaries. Each such contract with a licensed administrator:
(a) Must be submitted to the commissioner of insurance not less than 30 days before the date on which the contract is to become effective for approval as to the reasonableness of administrative charges in relation to contributions collected and benefits provided.
(b) Does not become effective unless approved by the commissioner.
(c) Shall be deemed to be approved if not disapproved by the commissioner of insurance within 30 days after its submission.
3. Enter into contracts with physicians, surgeons, hospitals, health maintenance organizations and rehabilitative facilities for medical, surgical and rehabilitative care and the evaluation, treatment and nursing care of members and covered dependents. The board shall not enter into a contract pursuant to this subsection unless:
(a) Provision is made by the board to offer all the services specified in the request for proposals, either by a health maintenance organization or through separate action of the board.
(b) The rates set forth in the contract are based on the commingled claims experience of active and retired state officers and employees and their dependents.
4. Enter into contracts for the services of other experts and specialists as required by the program.
5. Charge and collect from an insurer, health maintenance organization, organization for dental care or nonprofit medical service corporation, a fee for the actual expenses incurred by the board, the state or a participating public employer in administering a plan of insurance offered by that insurer, organization or corporation.
Sec. 3. On or after January 1, 2002, the board of the public employees benefits program shall not enter into or renew any contract that does not comply with subsection 3 of NRS 287.0434, as amended by this act.
Sec. 4. This act becomes effective on January 1, 2002.
________
κ2001 Statutes of Nevada, Page 2712κ
Senate Bill No. 25Senator OConnell (By Request)
Joint Sponsor: Assemblywoman Berman
CHAPTER 547
AN ACT relating to domestic relations; revising the provisions governing the granting of rights to visitation with a child to persons other than the parents of the child; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125C.050 is hereby amended to read as follows:
125C.050 1. Except as otherwise provided in [subsection 3,] this section, if a parent of an unmarried minor child:
(a) Is deceased;
(b) Is divorced or separated from the parent who has custody of the child;
(c) Has never been legally married to the other parent of the child, but cohabitated with the other parent and is deceased or is separated from the other parent; or
(d) Has relinquished his parental rights or his parental rights have been terminated,
the district court in the county in which the child resides may grant to the great-grandparents and grandparents of the child and to other children of either parent of the child a reasonable right to visit the child during his minority . [, if the court finds that the visits would be in the best interests of the child.]
2. If the child has resided with a person with whom he has established a meaningful relationship, the district court in the county in which the child resides also may grant to that person a reasonable right to visit the child during his minority, regardless of whether the person is related to the child . [, if the court finds that the visits would be in the best interests of the child.]
3. A party may seek a reasonable right to visit the child during his minority pursuant to subsection 1 or 2 only if a parent of the child has denied or unreasonably restricted visits with the child.
4. If a parent of the child has denied or unreasonably restricted visits with the child, there is a rebuttable presumption that the granting of a right to visitation to a party seeking visitation is not in the best interests of the child. To rebut this presumption, the party seeking visitation must prove by clear and convincing evidence that it is in the best interests of the child to grant visitation.
5. The court may grant a party seeking visitation pursuant to subsection 1 or 2 a reasonable right to visit the child during his minority only if the court finds that the party seeking visitation has rebutted the presumption established in subsection 4.
6. In determining whether [to grant a right to visitation to a petitioner pursuant to subsection 1 or 2,] the party seeking visitation has rebutted the presumption established in subsection 4, the court shall consider:
κ2001 Statutes of Nevada, Page 2713 (CHAPTER 547, SB 25)κ
(a) The love, affection and other emotional ties existing between the party seeking visitation and the child.
(b) The capacity and disposition of the party seeking visitation to:
(1) Give the child love, affection and guidance and serve as a role model to the child;
(2) Cooperate in providing the child with food, clothing and other material needs during visitation; and
(3) Cooperate in providing the child with health care or alternative care recognized and permitted under the laws of this state in lieu of health care.
(c) The prior relationship between the child and the party seeking visitation, including, without limitation, whether the child resided with the party seeking visitation and whether the child was included in holidays and family gatherings with the party seeking visitation.
(d) The moral fitness of the party seeking visitation.
(e) The mental and physical health of the party seeking visitation.
(f) The reasonable preference of the child, if the child has a preference, and if the child is determined to be of sufficient maturity to express a preference.
(g) The willingness and ability of the party seeking visitation to facilitate and encourage a close and continuing relationship between the child and the parent or parents of the child as well as with other relatives of the child.
(h) The medical and other needs of the child related to health as affected by the visitation.
(i) The support provided by the party seeking visitation, including, without limitation, whether the party has contributed to the financial support of the child.
(j) Any other factor [considered relevant by the court to a particular dispute.
4.] arising solely from the facts and circumstances of the particular dispute that specifically pertains to the need for granting a right to visitation pursuant to subsection 1 or 2 against the wishes of a parent of the child.
7. If the parental rights of either or both natural parents of a child are relinquished or terminated, and the child is placed in the custody of a public agency or a private agency licensed to place children in homes, the district court in the county in which the child resides may grant to the great-grandparents and grandparents of the child and to other children of either parent of the child a reasonable right to visit the child during his minority if a petition therefor is filed with the court before the date on which the parental rights are relinquished or terminated. In determining whether to grant this right to a [petitioner,] party seeking visitation, the court must find , by a preponderance of the evidence, that the visits would be in the best interests of the child in light of the considerations set forth in paragraphs (a) to (i), inclusive, of subsection [3.] 6.
[5.] 8. Rights to visit a child may be granted:
(a) In a divorce decree;
(b) In an order of separate maintenance; or
(c) Upon a petition filed by an eligible person:
(1) After a divorce or separation or after the death of a parent, or upon the relinquishment or termination of a parental right;
κ2001 Statutes of Nevada, Page 2714 (CHAPTER 547, SB 25)κ
(2) If the parents of the child were not legally married and were cohabitating, after the death of a parent or after the separation of the parents of the child; [or]
(3) If the petition is based on the provisions of subsection 2, after the eligible person ceases to reside with the child.
[6.] 9. If a court terminates the parental rights of a parent who is divorced or separated, any rights previously granted pursuant to subsection 1 also must be terminated, unless the court finds , by a preponderance of the evidence, that visits by those persons would be in the best interests of the child.
[7.] 10. For the purposes of this section, separation means:
(a) A legal separation or any other separation of a married couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming a marital relationship; or
(b) If a couple was not legally married but cohabitating, a separation of the couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming cohabitation or entering into a marital relationship.
Sec. 2. The amendatory provisions of this act apply to a petition for visitation that is filed on or after the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 49Committee on Judiciary
CHAPTER 548
AN ACT relating to electronic transactions; adopting the Uniform Electronic Transactions Act; making various related changes pertaining to the use of electronic records and signatures; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 59 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 35, inclusive, of this act.
Sec. 2. This chapter may be cited as the Uniform Electronic Transactions Act.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 19, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Agreement means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
Sec. 5. Automated transaction means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by a natural person in the ordinary course in forming a contract, performing under an existing contract or fulfilling an obligation required by the transaction.
κ2001 Statutes of Nevada, Page 2715 (CHAPTER 548, SB 49)κ
under an existing contract or fulfilling an obligation required by the transaction.
Sec. 6. Computer program means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.
Sec. 7. Contract means the total legal obligation resulting from the parties agreement as affected by this chapter and other applicable law.
Sec. 8. Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
Sec. 9. Electronic agent means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by a natural person.
Sec. 10. Electronic record means a record created, generated, sent, communicated, received or stored by electronic means.
Sec. 11. Electronic signature means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Sec. 12. Governmental agency means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of the Federal Government or of a state or of a county, municipality or other political subdivision of a state.
Sec. 13. Information means data, text, images, sounds, codes, computer programs, software, databases or the like.
Sec. 14. Information processing system means an electronic system for creating, generating, sending, receiving, storing, displaying or processing information.
Sec. 15. Person includes a governmental agency and a public corporation.
Sec. 16. Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Sec. 17. Security procedure means a procedure employed for the purpose of verifying that an electronic signature, record or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption or callback, or other acknowledgment procedures.
Sec. 18. State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.
Sec. 19. Transaction means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial or governmental affairs.
Sec. 20. 1. Except as otherwise provided in subsection 2, the provisions of this chapter apply to electronic records and electronic signatures relating to a transaction.
2. The provisions of this chapter do not apply to a transaction to the extent it is governed by:
κ2001 Statutes of Nevada, Page 2716 (CHAPTER 548, SB 49)κ
(a) A law governing the creation and execution of wills, codicils or testamentary trusts; or
(b) The Uniform Commercial Code other than NRS 104.1107, 104.1206 and 104.2101 to 104.2725, inclusive, and 104A.2101 to 104A.2532, inclusive.
3. The provisions of this chapter apply to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection 2 to the extent it is governed by a law other than those specified in subsection 2.
4. A transaction subject to the provisions of this chapter is also subject to other applicable substantive law.
Sec. 21. 1. The provisions of this chapter apply to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after October 1, 2001.
2. The provisions of section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., apply under this chapter to a transaction in which a natural person acquires goods or services that are used primarily for personal, family or household purposes.
Sec. 22. 1. The provisions of this chapter do not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
2. The provisions of this chapter apply only to transactions between parties each of whom has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties conduct.
3. A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
4. Except as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement. The presence in certain provisions of this chapter of the words unless otherwise agreed or words of similar import does not imply that the effect of other provisions may not be varied by agreement.
5. Whether an electronic record or electronic signature has legal consequences is determined by the provisions of this chapter and other applicable law.
Sec. 23. 1. A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
2. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
3. If a law requires a record to be in writing, an electronic record satisfies the law.
4. If a law requires a signature, an electronic signature satisfies the law.
Sec. 24. 1. If parties have agreed to conduct a transaction by electronic means and a law requires that a contract or other record relating to the transaction be in writing, the legal effect, validity or enforceability of the contract or other record may be denied if an electronic record of the contract or other record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or other persons who are entitled to retain the contract or record.
κ2001 Statutes of Nevada, Page 2717 (CHAPTER 548, SB 49)κ
being retained and accurately reproduced for later reference by all parties or other persons who are entitled to retain the contract or record.
2. If a law other than this chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated or transmitted by a specified method or to contain information that is formatted in a certain manner, the following rules apply:
(a) The record must be posted or displayed in the manner specified in the other law.
(b) Except as otherwise provided in paragraph (b) of subsection 6, the record must be sent, communicated or transmitted by the method specified in the other law.
(c) The record must contain the information formatted in the manner specified in the other law.
3. If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
4. A requirement that a notice be in writing is not satisfied by providing or delivering the notice electronically if the notice is a notice of:
(a) The cancellation or termination of service by a public utility;
(b) Default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of a natural person;
(c) The cancellation or termination of a policy of health insurance, benefits received pursuant to a policy of health insurance or benefits received pursuant to a policy of life insurance, excluding annuities; or
(d) The recall of a product, or material failure of a product, that risks endangering the health or safety of a person.
5. A requirement that a document be in writing is not satisfied by providing or delivering the document electronically if the document is required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
6. The requirements of this section may not be varied by agreement, but:
(a) To the extent a law other than this chapter requires that a contract or other record relating to a transaction to be in writing but permits that requirement to be varied by agreement, the provisions of subsection 1 concerning the denial of the legal effect, validity or enforceability of a contract or other record relating to a transaction may also be varied by agreement; and
(b) A requirement under a law other than this chapter to send, communicate or transmit a record by first-class mail, postage prepaid, regular United States mail, may be varied by agreement to the extent permitted by the other law.
Sec. 25. 1. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to whom the electronic record or electronic signature was attributable.
2. The effect of an electronic record or electronic signature attributed to a person under subsection 1 is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties agreement, if any, and otherwise as provided by law.
κ2001 Statutes of Nevada, Page 2718 (CHAPTER 548, SB 49)κ
adoption, including the parties agreement, if any, and otherwise as provided by law.
Sec. 26. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
1. If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
2. In an automated transaction involving a natural person, the natural person may avoid the effect of an electronic record that resulted from an error made by him in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the natural person learns of the error, the natural person:
(a) Promptly notifies the other person of the error and that the natural person did not intend to be bound by the electronic record received by the other person;
(b) Takes reasonable steps, including steps that conform to the other persons reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(c) Has not used or received any benefit or value from the consideration, if any, received from the other person.
3. If neither subsection 1 nor subsection 2 applies, the change or error has the effect provided by other law, including the law of mistake and the parties contract, if any.
4. Subsections 2 and 3 may not be varied by agreement.
Sec. 27. If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
Sec. 28. 1. If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(a) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(b) Remains accessible to all persons who are legally entitled to access to the record, for the period required by law, in a form that is capable of being accurately reproduced for later reference.
2. A requirement to retain a record in accordance with subsection 1 does not apply to any information the sole purpose of which is to enable the record to be sent, communicated or received.
3. A person may satisfy subsection 1 by using the services of another person if the requirements of that subsection are satisfied.
4. If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection 1.
κ2001 Statutes of Nevada, Page 2719 (CHAPTER 548, SB 49)κ
5. If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection 1.
6. A record retained as an electronic record in accordance with subsection 1 satisfies a law requiring a person to retain a record for evidentiary, audit or like purposes, unless a law enacted after October 1, 2001, specifically prohibits the use of an electronic record for the specified purpose.
7. This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agencys jurisdiction.
Sec. 29. In a proceeding, evidence of a record or signature must not be excluded solely because it is in electronic form.
Sec. 30. In an automated transaction, the following rules apply:
1. A contract may be formed by the interaction of electronic agents of the parties, even if no natural person was aware of or reviewed the electronic agents actions or the resulting terms and agreements.
2. A contract may be formed by the interaction of an electronic agent and a natural person, acting on his own behalf or for another person, as by an interaction in which the natural person performs actions that he is free to refuse to perform and which he knows or has reason to know will cause the electronic agent to complete the transaction or performance.
3. The terms of the contract are determined by the substantive law applicable to it.
Sec. 31. 1. Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(a) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(b) Is in a form capable of being processed by that system; and
(c) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
2. Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(a) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(b) It is in a form capable of being processed by that system.
3. Subsection 2 applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection 4.
4. Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the senders place of business and to be received at the recipients place of business. For purposes of this subsection, the following rules apply:
κ2001 Statutes of Nevada, Page 2720 (CHAPTER 548, SB 49)κ
(a) If the sender or recipient has more than one place of business, his place of business is the place having the closest relationship to the underlying transaction.
(b) If the sender or the recipient does not have a place of business, the place of business is the senders or recipients residence, as the case may be.
5. An electronic record is received under subsection 2 even if no natural person is aware of its receipt.
6. Receipt of an electronic acknowledgment from an information processing system described in subsection 2 establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
7. If a person is aware that an electronic record purportedly sent under subsection 1, or purportedly received under subsection 2, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
Sec. 32. 1. In this section, transferable record means an electronic record that:
(a) Would be a note under NRS 104.3101 to 104.3605, inclusive, or a document under NRS 104.7101 to 104.7603, inclusive, if the electronic record were in writing; and
(b) The issuer of the electronic record expressly has agreed is a transferable record.
2. A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes him as the person to whom the transferable record was issued or transferred.
3. A system satisfies subsection 2, and a person is deemed to have control of a transferable record, if the transferable record is created, stored and assigned in such a manner that:
(a) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (d), (e) and (f), unalterable;
(b) The authoritative copy identifies the person asserting control as:
(1) The person to whom the transferable record was issued; or
(2) If the authoritative copy indicates that the transferable record has been transferred, the person to whom the transferable record was most recently transferred;
(c) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;
(d) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;
(e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
(f) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.
4. Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subsection 20 of NRS 104.1201, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under NRS 104.7501, 104.9308 or subsection 1 of NRS 104.3302 are satisfied, the rights and defenses of a holder to whom a negotiable document of title has been duly negotiated, a purchaser, or a holder in due course, respectively.
κ2001 Statutes of Nevada, Page 2721 (CHAPTER 548, SB 49)κ
Commercial Code, including, if the applicable statutory requirements under NRS 104.7501, 104.9308 or subsection 1 of NRS 104.3302 are satisfied, the rights and defenses of a holder to whom a negotiable document of title has been duly negotiated, a purchaser, or a holder in due course, respectively. Delivery, possession and endorsement are not required to obtain or exercise any of the rights under this subsection.
5. Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.
6. If requested by a person against whom enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that he is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
Sec. 33. Each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
Sec. 34. 1. Except as otherwise provided in subsection 6 of section 28 of this act, each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely upon electronic records and electronic signatures.
2. To the extent that a governmental agency uses electronic records and electronic signatures under subsection 1, the governmental agency, giving due consideration to security, may specify:
(a) The manner and format in which the electronic records must be created, generated, sent, communicated, received and stored and the systems established for those purposes;
(b) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(c) Processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality and auditability of electronic records; and
(d) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
3. Except as otherwise provided in subsection 6 of section 28 of this act, the provisions of this chapter do not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
Sec. 35. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Sec. 36. Chapter 720 of NRS is hereby amended by adding thereto a new section to read as follows:
Record has the meaning ascribed to it in section 16 of this act.
κ2001 Statutes of Nevada, Page 2722 (CHAPTER 548, SB 49)κ
Sec. 37. NRS 720.010 is hereby amended to read as follows:
720.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 720.020 to 720.130, inclusive, and section 36 of this act, have the meanings ascribed to them in those sections.
Sec. 38. NRS 720.060 is hereby amended to read as follows:
720.060 Digital signature means [a transformation of] an electronic signature that transforms a message by using an asymmetric cryptosystem. As used in this section, electronic signature has the meaning ascribed to it in section 11 of this act.
Sec. 39. NRS 720.140 is hereby amended to read as follows:
720.140 1. The provisions of this chapter apply to any transaction for which a digital signature [may be] is used to [satisfy a requirement that a document or record be signed or in writing as set forth in NRS 720.160, including, without limitation, transactions carried out by private businesses and transactions carried out by governmental entities.] sign an electronic record.
2. As used in this section, electronic record has the meaning ascribed to it in section 10 of this act.
Sec. 40. NRS 720.160 is hereby amended to read as follows:
720.160 1. Except as otherwise provided in [subsection 2,] this section, if each person [or governmental entity] who will be involved in the submission and acceptance of a record [or other document] agrees to the use of a digital signature, [where a statute or rule of law requires that the record or other document be signed or in writing,] the use of a message which:
(a) Represents the record [or other document;] ; and
(b) Is transformed by a digital signature,
[shall be deemed to satisfy the statute or rule of law with respect to the requirement that the record or other document be signed or in writing.] constitutes a sufficient signing of the record.
2. The provisions of this section do not apply with respect to:
(a) [A sworn statement;
(b) An acknowledgment;
(c)] A record [or other document] that is required to be signed in the presence of a third party; or
[(d)] (b) A record [or other document] with respect to which the requirement that the record [or other document] must be signed [or in writing] is accompanied by an additional qualifying requirement.
Sec. 41. NRS 78.010 is hereby amended to read as follows:
78.010 1. As used in this chapter:
(a) Approval and vote as describing action by the directors or stockholders mean the vote of directors in person or by written consent or of stockholders in person, by proxy or by written consent.
(b) Articles, articles of incorporation and certificate of incorporation are synonymous terms and unless the context otherwise requires, include all certificates filed pursuant to NRS 78.030, 78.1955, 78.209, 78.380, 78.385 and 78.390 and any articles of merger or exchange filed pursuant to NRS 92A.200 to 92A.240, inclusive. Unless the context otherwise requires, these terms include restated articles and certificates of incorporation.
(c) Directors and trustees are synonymous terms.
(d) Receiver includes receivers and trustees appointed by a court as provided in this chapter or in chapter 32 of NRS.
κ2001 Statutes of Nevada, Page 2723 (CHAPTER 548, SB 49)κ
(e) Registered office means the office maintained at the street address of the resident agent.
(f) Resident agent means the agent appointed by the corporation upon whom process or a notice or demand authorized by law to be served upon the corporation may be served.
(g) Sign means to affix a signature to a document.
(h) Signature means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
(i) Stockholder of record means a person whose name appears on the stock ledger of the corporation.
(j) Street address of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.
2. General terms and powers given in this chapter are not restricted by the use of special terms, or by any grant of special powers contained in this chapter.
Sec. 42. NRS 78A.090 is hereby amended to read as follows:
78A.090 1. A close corporation may operate without a board of directors if the certificate of incorporation contains a statement to that effect.
2. An amendment to the certificate of incorporation eliminating a board of directors must be approved:
(a) By all the shareholders of the corporation, whether or not otherwise entitled to vote on amendments; or
(b) If no shares have been issued, by all subscribers for shares, if any, or if none, by the incorporators.
3. While a corporation is operating without a board of directors as authorized by subsection 1:
(a) All corporate powers must be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, the shareholders.
(b) Unless the articles of incorporation provide otherwise:
(1) Action requiring the approval of the board of directors or of both the board of directors and the shareholders is authorized if approved by the shareholders; and
(2) Action requiring a majority or greater percentage vote of the board of directors is authorized if approved by the majority or greater percentage of votes of the shareholders entitled to vote on the action.
(c) A requirement by a state or the United States that a document delivered for filing contain a statement that specified action has been taken by the board of directors is satisfied by a statement that the corporation is a close corporation without a board of directors and that the action was approved by the shareholders.
(d) The shareholders by resolution may appoint one or more shareholders to sign documents as designated directors.
4. An amendment to the articles of incorporation that deletes the provision which eliminates a board of directors must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not otherwise entitled to vote on amendments. The amendment must specify the number, names and mailing addresses of the directors of the corporation or describe who will perform the duties of the board of directors.
κ2001 Statutes of Nevada, Page 2724 (CHAPTER 548, SB 49)κ
5. As used in this section, sign means to execute or adopt a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 43. NRS 80.003 is hereby amended to read as follows:
80.003 Signed means to have executed or adopted a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 44. NRS 81.0015 is hereby amended to read as follows:
81.0015 Signed means to have executed or adopted a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 45. NRS 82.043 is hereby amended to read as follows:
82.043 Signature means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
Sec. 46. NRS 84.004 is hereby amended to read as follows:
84.004 Signed means to have executed or adopted a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 47. NRS 86.127 is hereby amended to read as follows:
86.127 Signature means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
Sec. 48. NRS 87.020 is hereby amended to read as follows:
87.020 As used in this chapter, unless the context otherwise requires:
1. Bankrupt includes bankrupt under the Federal Bankruptcy Act or insolvent under any state insolvent act.
2. Business includes every trade, occupation or profession.
3. Conveyance includes every assignment, lease, mortgage or encumbrance.
4. Court includes every court and judge having jurisdiction in the case.
5. Professional service means any type of personal service which may legally be performed only pursuant to a license or certificate of registration.
6. Real property includes land and any interest or estate in land.
7. Registered limited-liability partnership means a partnership formed pursuant to an agreement governed by this chapter for the purpose of rendering a professional service and registered pursuant to and complying with NRS 87.440 to 87.560, inclusive.
8. Signature means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
9. Signed means to have affixed a signature to a document.
10. Street address of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.
κ2001 Statutes of Nevada, Page 2725 (CHAPTER 548, SB 49)κ
Sec. 49. NRS 88.315 is hereby amended to read as follows:
88.315 As used in this chapter, unless the context otherwise requires:
1. Certificate of limited partnership means the certificate referred to in NRS 88.350, and the certificate as amended or restated.
2. Contribution means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner.
3. Event of withdrawal of a general partner means an event that causes a person to cease to be a general partner as provided in NRS 88.450.
4. Foreign limited partnership means a partnership formed under the laws of any state other than this state and having as partners one or more general partners and one or more limited partners.
5. General partner means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner.
6. Limited partner means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement.
7. Limited partnership and domestic limited partnership mean a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.
8. Partner means a limited or general partner.
9. Partnership agreement means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business.
10. Partnership interest means a partners share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets.
11. Registered office means the office maintained at the street address of the resident agent.
12. Resident agent means the agent appointed by the limited partnership upon whom process or a notice or demand authorized by law to be served upon the limited partnership may be served.
13. Sign means to affix a signature to a document.
14. Signature means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
15. State means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
16. Street address of a resident agent means the actual physical location in this state at which a resident is available for service of process.
Sec. 50. NRS 88A.090 is hereby amended to read as follows:
88A.090 Signature means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, [a digital] an electronic signature as defined in [NRS 720.060.] section 11 of this act.
Sec. 51. NRS 89.250 is hereby amended to read as follows:
89.250 1. A professional association shall, on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all members and employees in such association and shall certify that all members and employees are licensed to render professional service in this state.
κ2001 Statutes of Nevada, Page 2726 (CHAPTER 548, SB 49)κ
residence addresses of all members and employees in such association and shall certify that all members and employees are licensed to render professional service in this state.
2. The statement must:
(a) Be made on a form prescribed by the secretary of state and must not contain any fiscal or other information except that expressly called for by this section.
(b) Be signed by the chief executive officer of the association.
3. Upon filing the annual statement required by this section, the association shall pay to the secretary of state a fee of $15.
4. As used in this section, signed means to have executed or adopted a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 52. NRS 92A.230 is hereby amended to read as follows:
92A.230 1. Articles of merger or exchange must be signed by each domestic constituent entity as follows:
(a) By the president or a vice president of a domestic corporation, whether or not for profit;
(b) By all the general partners of a domestic limited partnership;
(c) By a manager of a domestic limited-liability company with managers or by all the members of a domestic limited-liability company without managers; and
(d) By a trustee of a domestic business trust.
2. If the domestic entity is a corporation, the articles must also be signed by the secretary or an assistant secretary.
3. Articles of merger or exchange must be signed by each foreign constituent entity in the manner provided by the law governing it.
4. As used in this section, signed means to have executed or adopted a name, word or mark, including, without limitation, [a digital] an electronic signature as defined in [NRS 720.060,] section 11 of this act, with the present intention to authenticate a document.
Sec. 53. NRS 720.170 is hereby repealed.
Sec. 54. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 2727κ
Senate Bill No. 84Senators Amodei, James, O'Connell, Washington, Porter, Care, Carlton, Jacobsen, Mathews, McGinness, Neal, Rawson, Rhoads, Shaffer, Titus and Townsend
CHAPTER 549
AN ACT relating to state financial administration; requiring the Department of Personnel to increase the level of compensation of uniformed highway patrol positions; making appropriations to the State Board of Examiners; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Department of Personnel shall increase the level of compensation of all uniformed highway patrol positions by one grade on the classified employee compensation schedule effective July 1, 2001.
Sec. 2. 1. There is hereby appropriated from the state highway fund to the State Board of Examiners to increase the level of compensation of all uniformed highway patrol positions by one grade:
For the fiscal year 2001-2002................................................................ $1,098,809
For the fiscal year 2002-2003................................................................ $1,167,170
2. There is hereby appropriated from the state general fund to the State Board of Examiners to increase the level of compensation of all uniformed highway patrol positions by one grade:
For the fiscal year 2001-2002...................................................................... $17,075
For the fiscal year 2002-2003...................................................................... $18,331
3. Any balance of the money appropriated by subsections 1 and 2 for the fiscal year 2001-2002 does not revert to the fund from which it was appropriated, but must be carried forward to the next fiscal year.
4. Any balance of the money appropriated by subsections 1 and 2 must not be committed for expenditure after June 30, 2003, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 2728κ
Senate Bill No. 99Senator OConnell (by request)
CHAPTER 550
AN ACT relating to insurance; revising provisions governing the prompt payment by insurers of approved claims to providers of health care; revising the rate of interest applicable to the late payment of such claims; prohibiting the assessment of fees against providers of health care to be included on a list of providers of health care; establishing an administrative fine against insurers who do not substantially comply with the provisions requiring prompt payment of approved claims to providers of health care; allowing an employee who is injured or who contracts an occupational disease outside this state to receive compensation from the uninsured employers claim fund under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 679B.138 is hereby amended to read as follows:
679B.138 1. The commissioner shall adopt regulations which require the use of uniform claim forms and billing codes and the ability to make compatible electronic data transfers for all insurers and administrators authorized to conduct business in this state relating to a health care plan or health insurance or providing or arranging for the provision of health care services, including, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation, a health maintenance organization, a plan for dental care and a prepaid limited health service organization. The regulations must include, without limitation, a uniform billing format to be used for the submission of claims to such insurers and administrators.
2. As used in this section:
(a) Administrator has the meaning ascribed to it in NRS 683A.025.
(b) Health care plan means a policy, contract, certificate or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
Sec. 1.5. NRS 683A.0879 is hereby amended to read as follows:
683A.0879 1. Except as otherwise provided in subsection 2, an administrator shall approve or deny a claim relating to health insurance coverage within 30 days after the administrator receives the claim. If the claim is approved, the administrator shall pay the claim within 30 days after it is approved. [If] Except as otherwise provided in this section, if the approved claim is not paid within that period, the administrator shall pay interest on the claim at [the] a rate of interest [established pursuant to NRS 99.040 unless a different rate of interest is established pursuant to an express written contract between the administrator and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
κ2001 Statutes of Nevada, Page 2729 (CHAPTER 550, SB 99)κ
2. If the administrator requires additional information to determine whether to approve or deny the claim, he shall notify the claimant of his request for the additional information within 20 days after he receives the claim. The administrator shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The administrator shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the administrator shall pay the claim within 30 days after he receives the additional information. If the approved claim is not paid within that period, the administrator shall pay interest on the claim in the manner prescribed in subsection 1.
3. An administrator shall not request a claimant to resubmit information that the claimant has already provided to the administrator, unless the administrator provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. An administrator shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the administrator.
7. The commissioner may require an administrator to provide evidence which demonstrates that the administrator has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims. If the commissioner determines that an administrator is not in substantial compliance with the requirements set forth in this section, the commissioner may require the administrator to pay an administrative fine in an amount to be determined by the commissioner.
Sec. 2. NRS 689A.035 is hereby amended to read as follows:
689A.035 An insurer [may] shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the insurer to its insureds. [The amount of the fee must be reasonable and must not exceed an amount that is directly related to the administrative costs of the insurer to include the provider on the list.]
Sec. 3. NRS 689A.410 is hereby amended to read as follows:
689A.410 1. Except as otherwise provided in subsection 2, an insurer shall approve or deny a claim relating to a policy of health insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. [If] Except as otherwise provided in this section, if the approved claim is not paid within that period, the insurer shall pay interest on the claim at [the] a rate of interest [established pursuant to NRS 99.040 unless a different rate of interest is established pursuant to an express written contract between the insurer and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
κ2001 Statutes of Nevada, Page 2730 (CHAPTER 550, SB 99)κ
interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.
3. An insurer shall not request a claimant to resubmit information that the claimant has already provided to the insurer, unless the insurer provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. An insurer shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.
7. The commissioner may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims. If the commissioner determines that an insurer is not in substantial compliance with the requirements set forth in this section, the commissioner may require the insurer to pay an administrative fine in an amount to be determined by the commissioner.
Sec. 4. NRS 689B.015 is hereby amended to read as follows:
689B.015 An insurer that issues a policy of group health insurance [may] shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the insurer to its insureds. [The amount of the fee must be reasonable and must not exceed an amount that is directly related to the administrative costs of the insurer to include the provider on the list.]
Sec. 5. NRS 689B.255 is hereby amended to read as follows:
689B.255 1. Except as otherwise provided in subsection 2, an insurer shall approve or deny a claim relating to a policy of group health insurance or blanket insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. [If] Except as otherwise provided in this section, if the approved claim is not paid within that period, the insurer shall pay interest on the claim at [the] a rate of interest [established pursuant to NRS 99.040 unless a different rate of interest is established pursuant to an express written contract between the insurer and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent.
κ2001 Statutes of Nevada, Page 2731 (CHAPTER 550, SB 99)κ
financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.
3. An insurer shall not request a claimant to resubmit information that the claimant has already provided to the insurer, unless the insurer provides a legitimate reason for the request and the purpose of the request [in] is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. An insurer shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.
7. The commissioner may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims. If the commissioner determines that an insurer is not in substantial compliance with the requirements set forth in this section, the commissioner may require the insurer to pay an administrative fine in an amount to be determined by the commissioner.
Sec. 6. NRS 689C.435 is hereby amended to read as follows:
689C.435 A carrier serving small employers and a carrier that offers a contract to a voluntary purchasing group [may] shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the carrier to its insureds. [The amount of the fee must be reasonable and must not exceed an amount that is directly related to the administrative costs of the carrier to include the provider on the list.]
Sec. 7. NRS 689C.485 is hereby amended to read as follows:
689C.485 1. Except as otherwise provided in subsection 2, a carrier serving small employers and a carrier that offers a contract to a voluntary purchasing group shall approve or deny a claim relating to a policy of health insurance within 30 days after the carrier receives the claim. If the claim is approved, the carrier shall pay the claim within 30 days after it is approved. [If] Except as otherwise provided in this section, if the approved claim is not paid within that period, the carrier shall pay interest on the claim at [the] a rate of interest [established pursuant to NRS 99.040 unless a different rate of interest is established pursuant to an express written contract between the carrier and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent.
κ2001 Statutes of Nevada, Page 2732 (CHAPTER 550, SB 99)κ
interest is established pursuant to an express written contract between the carrier and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the carrier requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The carrier shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The carrier shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the carrier shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the carrier shall pay interest on the claim in the manner prescribed in subsection 1.
3. A carrier shall not request a claimant to resubmit information that the claimant has already provided to the carrier, unless the carrier provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. A carrier shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the carrier.
7. The commissioner may require a carrier to provide evidence which demonstrates that the carrier has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims. If the commissioner determines that a carrier is not in substantial compliance with the requirements set forth in this section, the commissioner may require the carrier to pay an administrative fine in an amount to be determined by the commissioner.
Sec. 8. NRS 695A.095 is hereby amended to read as follows:
695A.095 A society [may] shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the society to its insureds. [The amount of the fee must be reasonable and must not exceed an amount that is directly related to the administrative costs of the society to include the provider on the list.]
Sec. 9. NRS 695B.035 is hereby amended to read as follows:
695B.035 A corporation subject to the provisions of this chapter [may] shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the corporation to its insureds. [The amount of the fee must be reasonable and must not exceed an amount that is directly related to the administrative costs of the corporation to include the provider on the list.]
κ2001 Statutes of Nevada, Page 2733 (CHAPTER 550, SB 99)κ
Sec. 10. NRS 695B.2505 is hereby amended to read as follows:
695B.2505 1. Except as otherwise provided in subsection 2, a corporation subject to the provisions of this chapter shall approve or deny a claim relating to a contract for dental, hospital or medical services within 30 days after the corporation receives the claim. If the claim is approved, the corporation shall pay the claim within 30 days after it is approved. [If] Except as otherwise provided in this section, if the approved claim is not paid within that period, the corporation shall pay interest on the claim at [the] a rate of interest [established pursuant to NRS 99.040 unless a different rate of interest is established pursuant to an express written contract between the corporation and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the corporation requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The corporation shall notify the provider of dental, hospital or medical services of all the specific reasons for the delay in approving or denying the claim. The corporation shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the corporation shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the corporation shall pay interest on the claim in the manner prescribed in subsection 1.
3. A corporation shall not request a claimant to resubmit information that the claimant has already provided to the corporation, unless the corporation provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. A corporation shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the corporation.
7. The commissioner may require a corporation to provide evidence which demonstrates that the corporation has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims. If the commissioner determines that a corporation is not in substantial compliance with the requirements set forth in this section, the commissioner may require the corporation to pay an administrative fine in an amount to be determined by the commissioner.
κ2001 Statutes of Nevada, Page 2734 (CHAPTER 550, SB 99)κ
Sec. 11. Chapter 695C of NRS is hereby amended by adding thereto the provisions set forth as sections 11.3 and 11.7 of this act.
Sec. 11.3. 1. A health maintenance organization shall not:
(a) Enter into any contract or agreement, or make any other arrangements, with a provider for the provision of health care; or
(b) Employ a provider pursuant to a contract, an agreement or any other arrangement to provide health care,
unless the contract, agreement or other arrangement specifically provides that the health maintenance organization and provider agree to the schedule for the payment of claims set forth in NRS 695C.185.
2. Any contract, agreement or other arrangement between a health maintenance organization and a provider that is entered into or renewed on or after October 1, 2001, that does not specifically include a provision concerning the schedule for the payment of claims as required by subsection 1 shall be deemed to conform with the requirements of subsection 1 by operation of law.
Sec. 11.7. Any contract or other agreement entered into or renewed by a health maintenance organization on or after October 1, 2001:
1. To provide health care services through managed care to recipients of Medicaid under the state plan for Medicaid; or
2. With the division of health care financing and policy of the department of human resources to provide insurance pursuant to the childrens health insurance program,
must require the health maintenance organization to pay interest to a provider of health care services on a claim that is not paid within the time provided in the contract or agreement at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
Sec. 12. NRS 695C.050 is hereby amended to read as follows:
695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, [and] sections 19 and 20 of [this act,] Senate Bill No. 2 of this session, section 11.3 of this act and NRS 695C.250 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the state plan for Medicaid or insurance pursuant to the childrens health insurance program pursuant to a contract with the division of health care financing and policy of the department of human resources.
κ2001 Statutes of Nevada, Page 2735 (CHAPTER 550, SB 99)κ
department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
5. The provisions of NRS 695C.1694 and 695C.1695 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the state plan for Medicaid.
Sec. 13. NRS 695C.055 is hereby amended to read as follows:
695C.055 1. The provisions of NRS 449.465, 679B.158, subsections 2, 4, 18, 19 and 32 of NRS 680B.010, NRS 680B.025 to 680B.060, inclusive, [and 695G.010 to 695G.260, inclusive,] chapter 695G of NRS and section 16 of this act, apply to a health maintenance organization.
2. For the purposes of subsection 1, unless the context requires that a provision apply only to insurers, any reference in those sections to insurer must be replaced by health maintenance organization.
Sec. 14. NRS 695C.125 is hereby amended to read as follows:
695C.125 A health maintenance organization [may] shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the health maintenance organization to its enrollees. [The amount of the fee must be reasonable and must not exceed an amount that is directly related to the administrative costs of the health maintenance organization to include the provider on the list.]
Sec. 15. NRS 695C.185 is hereby amended to read as follows:
695C.185 1. Except as otherwise provided in subsection 2, a health maintenance organization shall approve or deny a claim relating to a health care plan within 30 days after the health maintenance organization receives the claim. If the claim is approved, the health maintenance organization shall pay the claim within 30 days after it is approved. [If] Except as otherwise provided in this section, if the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim at [the] a rate of interest [established pursuant to NRS 99.040 unless a different rate of interest is established pursuant to an express written contract between the health maintenance organization and the provider of health care.] equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the health maintenance organization requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The health maintenance organization shall notify the provider of health care services of all the specific reasons for the delay in approving or denying the claim. The health maintenance organization shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the health maintenance organization shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim in the manner prescribed in subsection 1.
3. A health maintenance organization shall not request a claimant to resubmit information that the claimant has already provided to the health maintenance organization, unless the health maintenance organization provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
κ2001 Statutes of Nevada, Page 2736 (CHAPTER 550, SB 99)κ
provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. A health maintenance organization shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the health maintenance organization.
7. The commissioner may require a health maintenance organization to provide evidence which demonstrates that the health maintenance organization has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims. If the commissioner determines that a health maintenance organization is not in substantial compliance with the requirements set forth in this section, the commissioner may require the health maintenance organization to pay an administrative fine in an amount to be determined by the commissioner.
Sec. 16. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
A managed care organization that establishes a panel of providers of health care for the purpose of offering health care services pursuant to chapter 689A, 689B, 689C, 695A, 695B or 695C of NRS shall not charge a provider of health care a fee to include the name of the provider on the panel of providers of health care.
Sec. 17. Chapter 616C of NRS is hereby amended by adding thereto the provisions set forth as sections 18 and 19 of this act.
Sec. 18. 1. Except as otherwise provided in this section, an insurer shall approve or deny a bill for accident benefits received from a provider of health care within 30 calendar days after the insurer receives the bill. If the bill for accident benefits is approved, the insurer shall pay the bill within 30 calendar days after it is approved. Except as otherwise provided in this section, if the approved bill for accident benefits is not paid within that period, the insurer shall pay interest to the provider of health care at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 calendar days after the date on which the bill is approved until the date on which the bill is paid.
2. If an insurer needs additional information to determine whether to approve or deny a bill for accident benefits received from a provider of health care, he shall notify the provider of health care of his request for the additional information within 20 calendar days after he receives the bill. The insurer shall notify the provider of health care of all the specific reasons for the delay in approving or denying the bill for accident benefits. Upon the receipt of such a request, the provider of health care shall furnish the additional information to the insurer within 20 calendar days after receiving the request. If the provider of health care fails to furnish the additional information within that period, the provider of health care is not entitled to the payment of interest to which he would otherwise be entitled for the late payment of the bill for accident benefits.
κ2001 Statutes of Nevada, Page 2737 (CHAPTER 550, SB 99)κ
the additional information within that period, the provider of health care is not entitled to the payment of interest to which he would otherwise be entitled for the late payment of the bill for accident benefits. The insurer shall approve or deny the bill for accident benefits within 20 calendar days after he receives the additional information. If the bill for accident benefits is approved, the insurer shall pay the bill within 20 calendar days after he receives the additional information. Except as otherwise provided in this subsection, if the approved bill for accident benefits is not paid within that period, the insurer shall pay interest to the provider of health care at the rate set forth in subsection 1. The interest must be calculated from 20 calendar days after the date on which the insurer receives the additional information until the date on which the bill is paid.
3. An insurer shall not request a provider of health care to resubmit information that the provider of health care has previously provided to the insurer, unless the insurer provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the accident benefits, harass the provider of health care or discourage the filing of claims.
4. An insurer shall not pay only a portion of a bill for accident benefits that has been approved and is fully payable.
5. The administrator may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements of this section, including, without limitation, payment within the time required of at least 95 percent of approved accident benefits or at least 90 percent of the total dollar amount of approved accident benefits. If the administrator determines that an insurer is not in substantial compliance with the requirements of this section, the administrator may require the insurer to pay an administrative fine in an amount to be determined by the administrator.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.
7. Payments made by an insurer pursuant to this section are not an admission of liability for the accident benefits or any portion of the accident benefits.
Sec. 19. 1. If an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 denies payment for some or all of the services itemized on a statement submitted by a provider of health care on the sole basis that those services were not related to the employees industrial injury or occupational disease, the insurer, organization for managed care or employer shall, at the same time that it sends notification to the provider of health care of the denial, send a copy of the statement to the injured employee and notify the injured employee that it has denied payment. The notification sent to the injured employee must:
(a) State the relevant amount requested as payment in the statement, that the reason for denying payment is that the services were not related to the industrial injury or occupational disease and that, pursuant to subsection 2, the injured employee will be responsible for payment of the relevant amount if he does not, in a timely manner, appeal the denial pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, or appeals but is not successful.
κ2001 Statutes of Nevada, Page 2738 (CHAPTER 550, SB 99)κ
pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, or appeals but is not successful.
(b) Include an explanation of the injured employees right to request a hearing to appeal the denial pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, and a suitable form for requesting a hearing to appeal the denial.
2. An injured employee who does not, in a timely manner, appeal the denial of payment for the services rendered or who appeals the denial but is not successful is responsible for payment of the relevant charges on the itemized statement.
3. To succeed on appeal, the injured employee must show that the:
(a) Services provided were related to the employees industrial injury or occupational disease; or
(b) Insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 gave prior authorization for the services rendered and did not withdraw that prior authorization before the services of the provider of health care were rendered.
Sec. 20. NRS 616C.065 is hereby amended to read as follows:
616C.065 1. [Within] Except as otherwise provided in section 18 of this act, within 30 days after the insurer has been notified of an industrial accident, every insurer shall:
(a) Commence payment of a claim for compensation; or
(b) Deny the claim and notify the claimant and administrator that the claim has been denied.
Payments made by an insurer pursuant to this section are not an admission of liability for the claim or any portion of the claim.
2. [If] Except as otherwise provided in this subsection, if an insurer unreasonably delays or refuses to pay the claim within 30 days after the insurer has been notified of an industrial accident, the insurer shall pay upon order of the administrator an additional amount equal to three times the amount specified in the order as refused or unreasonably delayed. This payment is for the benefit of the claimant and must be paid to him with the compensation assessed pursuant to chapters 616A to 617, inclusive, of NRS. The provisions of this section do not apply to the payment of a bill for accident benefits that is governed by the provisions of section 18 of this act.
Sec. 21. NRS 616C.135 is hereby amended to read as follows:
616C.135 1. A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any [other unrelated services which are requested in writing by the patient.] services that are not related to the employees industrial injury or occupational disease.
2. The insurer is liable for the charges for approved services related to the industrial injury or occupational disease if the charges do not exceed:
(a) The fees established in accordance with NRS 616C.260 or the usual fee charged by that person or institution, whichever is less; and
(b) The charges provided for by the contract between the provider of health care and the insurer or the contract between the provider of health care and the organization for managed care.
κ2001 Statutes of Nevada, Page 2739 (CHAPTER 550, SB 99)κ
3. If a provider of health care, an organization for managed care, an insurer or an employer violates the provisions of this section, the administrator shall impose an administrative fine of not more than $250 for each violation.
Sec. 22. NRS 616C.220 is hereby amended to read as follows:
616C.220 1. The division shall designate one:
(a) Third-party administrator who has a valid certificate issued by the commissioner pursuant to NRS 683A.085; or
(b) Insurer, other than a self-insured employer or association of self-insured public or private employers,
to administer claims against the uninsured employers claim fund. The designation must be made pursuant to reasonable competitive bidding procedures established by the administrator.
2. [An] Except as otherwise provided in this subsection, an employee may receive compensation from the uninsured employers claim fund if:
(a) He was hired in this state or he is regularly employed in this state;
(b) He suffers an accident or injury [in this state] which arises out of and in the course of his employment [;] :
(1) In this state; or
(2) While on temporary assignment outside the state for a period of not more than 12 months;
(c) He files a claim for compensation with the division; and
(d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the injured employee pursuant to NRS 616C.215.
An employee who suffers an accident or injury while on temporary assignment outside the state is not eligible to receive compensation from the uninsured employers claim fund unless he has been denied workers compensation in the state in which the accident or injury occurred.
3. If the division receives a claim pursuant to subsection 2, the division shall immediately notify the employer of the claim.
4. For the purposes of this section, the employer has the burden of proving that he provided mandatory industrial insurance coverage for the employee or that he was not required to maintain industrial insurance for the employee.
5. Any employer who has failed to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS is liable for all payments made on his behalf, including any benefits, administrative costs or attorneys fees paid from the uninsured employers claim fund or incurred by the division.
6. The division:
(a) May recover from the employer the payments made by the division that are described in subsection 5 and any accrued interest by bringing a civil action in district court.
(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employees injury.
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
7. The division shall:
κ2001 Statutes of Nevada, Page 2740 (CHAPTER 550, SB 99)κ
(a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee.
(b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.
Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the division of its determination.
8. Upon demonstration of the:
(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or
(b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,
the division shall authorize payment from the uninsured employers claim fund.
9. Any party aggrieved by a determination regarding the administration of an assigned claim or a determination made by the division or by the designated third-party administrator or insurer regarding any claim made pursuant to this section may appeal that determination within 60 days after the determination is rendered to the hearings division of the department of administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.
10. All insurers shall bear a proportionate amount of a claim made pursuant to chapters 616A to 616D, inclusive, of NRS, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
11. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.
12. Attorneys fees recoverable by the division pursuant to this section must be:
(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.
(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division.
Any money collected must be deposited to the uninsured employers claim fund.
13. In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS.
Sec. 23. NRS 617.401 is hereby amended to read as follows:
617.401 1. The division shall designate one:
(a) Third-party administrator who has a valid certificate issued by the commissioner pursuant to NRS 683A.085; or
(b) Insurer, other than a self-insured employer or association of self-insured public or private employers, to administer claims against the uninsured employers claim fund.
κ2001 Statutes of Nevada, Page 2741 (CHAPTER 550, SB 99)κ
to administer claims against the uninsured employers claim fund. The designation must be made pursuant to reasonable competitive bidding procedures established by the administrator.
2. [An] Except as otherwise provided in this subsection, an employee may receive compensation from the uninsured employers claim fund if:
(a) He was hired in this state or he is regularly employed in this state;
(b) He contracts an occupational disease [as a result of work performed in this state;] that arose out of and in the course of employment:
(1) In this state; or
(2) While on temporary assignment outside the state for a period of not more than 12 months;
(c) He files a claim for compensation with the division; and
(d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215.
An employee who contracts an occupational disease that arose out of and in the course of employment while on temporary assignment outside the state is not entitled to receive compensation from the uninsured employers claim fund unless he has been denied workers compensation in the state in which the disease was contracted.
3. If the division receives a claim pursuant to subsection 2, the division shall immediately notify the employer of the claim.
4. For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the employee or that he was not required to maintain industrial insurance for the employee.
5. Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorneys fees paid from the uninsured employers claim fund or incurred by the division.
6. The division:
(a) May recover from the employer the payments made by the division that are described in subsection 5 and any accrued interest by bringing a civil action in district court.
(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
7. The division shall:
(a) Determine whether the employer was insured within 30 days after receiving the claim from the employee.
(b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.
Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the division of its determination.
8. Upon demonstration of the:
κ2001 Statutes of Nevada, Page 2742 (CHAPTER 550, SB 99)κ
(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or
(b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,
the division shall authorize payment from the uninsured employers claim fund.
9. Any party aggrieved by a determination regarding the administration of an assigned claim or a determination made by the division or by the designated third-party administrator or insurer regarding any claim made pursuant to this section may appeal that determination within 60 days after the determination is rendered to the hearings division of the department of administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.
10. All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
11. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.
12. Attorneys fees recoverable by the division pursuant to this section must be:
(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.
(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division.
Any money collected must be deposited to the uninsured employers claim fund.
13. In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.
Sec. 23.5. Section 10 of Assembly Bill No. 338 of this session is hereby amended to read as follows:
Sec. 10. NRS 616C.135 is hereby amended to read as follows:
616C.135 1. A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any services that are not related to the employees industrial injury or occupational disease.
2. The insurer is liable for the charges for approved services related to the industrial injury or occupational disease if the charges do not exceed:
(a) The fees established in accordance with NRS 616C.260 or the usual fee charged by that person or institution, whichever is less; and
κ2001 Statutes of Nevada, Page 2743 (CHAPTER 550, SB 99)κ
(b) The charges provided for by the contract between the provider of health care and the insurer or the contract between the provider of health care and the organization for managed care.
3. A provider of health care may accept payment from an injured employee who is paying in protest pursuant to section 5 of this act for treatment or other services that the injured employee alleges are related to the industrial injury or occupational disease.
4. If a provider of health care, an organization for managed care, an insurer or an employer violates the provisions of this section, the administrator shall impose an administrative fine of not more than $250 for each violation.
Sec. 24. If a different rate of interest has been established pursuant to an express written contract between an administrator, insurer, carrier, corporation or health maintenance organization and a provider of health care, the amendatory provisions of sections 1.5, 3, 5, 7, 10, 11.3, 15 and 18 of this act, relating to the amount of interest that accrues if an approved claim is not timely paid, apply only to contracts between the administrator, insurer, carrier, corporation or health maintenance organization and the provider of health care that are entered into or renewed on or after October 1, 2001.
Sec. 25. 1. This section, sections 1 to 11.7, inclusive, and 13 to 24, inclusive, of this act become effective on October 1, 2001.
2. Section 12 of this act becomes effective at 12:01 a.m. on October 1, 2001.
________
Senate Bill No. 116Committee on Human Resources and Facilities
CHAPTER 551
AN ACT relating to persons with disabilities; prescribing the circumstances under which a secure facility for mentally disordered offenders may use mechanical restraint on clients who have disabilities; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, mechanical restraint may be used on a person with a disability who is a client of a forensic facility only if:
(a) An emergency exists that necessitates the use of the mechanical restraint;
(b) The clients behavior presents an imminent threat of causing physical injury to himself or to others or causing severe property damage and less restrictive measures have failed to modify the clients behavior;
(c) The client is in the care of the facility but not on the premises of the facility and mechanical restraint is necessary to ensure security; or
(d) The client is in the process of being transported to another location and mechanical restraint is necessary to ensure security.
κ2001 Statutes of Nevada, Page 2744 (CHAPTER 551, SB 116)κ
2. If mechanical restraint is used pursuant to subsection 1, the forensic facility shall ensure that:
(a) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;
(b) A member of the staff of the facility continuously monitors the client during the time that mechanical restraint is used on the client;
(c) The record of the client contains a notation that indicates the time period during which the restraint was used and the circumstances warranting the restraint; and
(d) The mechanical restraint is used only for the period that is necessary.
3. Mechanical restraint may be used on a person with a disability who is a client of a forensic facility, and the provisions of subsections 1 and 2 do not apply if the mechanical restraint is used to:
(a) Treat the medical needs of a client;
(b) Protect a client who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;
(c) Provide proper body alignment to a client; or
(d) Position a client who has physical disabilities in a manner prescribed in the clients plan of services.
4. If mechanical restraint is used in an emergency on a person with a disability who is a client of a forensic facility, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.
5. As used in this section, forensic facility means a secure facility of the division for mentally disordered offenders and defendants who are ordered to the facility pursuant to chapter 178 of NRS.
Sec. 2. NRS 433.545 is hereby amended to read as follows:
433.545 As used in NRS 433.545 to 433.551, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 433.5453 to 433.548, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 433.547 is hereby amended to read as follows:
433.547 Mechanical restraint means the use of devices, including, without limitation, mittens, straps , [and] restraint chairs , handcuffs, belly chains and four-point restraints to limit a persons movement or hold a person immobile.
Sec. 4. NRS 433.549 is hereby amended to read as follows:
433.549 A person employed by a facility or any other person shall not:
1. Except as otherwise provided in NRS 433.5493, use physical restraint on a person with a disability who is a client.
2. Except as otherwise provided in NRS 433.5496 [,] and section 1 of this act, use mechanical restraint on a person with a disability who is a client.
3. Except as otherwise provided in NRS 433.5503, use chemical restraint on a person with a disability who is a client.
Sec. 5. NRS 433.5496 is hereby amended to read as follows:
433.5496 1. Except as otherwise provided in [subsection 2,] subsections 2 and 4, mechanical restraint may be used on a person with a disability who is a client only if:
(a) An emergency exists that necessitates the use of mechanical restraint;
κ2001 Statutes of Nevada, Page 2745 (CHAPTER 551, SB 116)κ
(b) A medical order authorizing the use of mechanical restraint is obtained from the clients treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;
(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the client not later than 1 working day immediately after the application of the mechanical restraint;
(d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;
(e) The client is given the opportunity to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint;
(f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the client will stop or control his inappropriate behavior without the use of the restraint;
(g) The record of the client contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the client and the response of the member of the staff of the facility who applied the mechanical restraint;
(h) A member of the staff of the facility continuously monitors the client during the time that mechanical restraint is used on the client; and
(i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the client so that the client is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage.
2. Mechanical restraint may be used on a person with a disability who is a client and the provisions of subsection 1 do not apply if the mechanical restraint is used to:
(a) Treat the medical needs of a client;
(b) Protect a client who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;
(c) Provide proper body alignment to a client; or
(d) Position a client who has physical disabilities in a manner prescribed in the clients plan of services.
3. If mechanical restraint is used on a person with a disability who is a client in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.
4. The provisions of this section do not apply to a forensic facility, as that term is defined in subsection 5 of section 1 of this act.
Sec. 6. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2746κ
Senate Bill No. 137Committee on Finance
CHAPTER 552
AN ACT relating to courts; increasing the number of district judges in the second and eighth judicial districts; increasing the number of district judges in the second and eighth judicial districts who must be judges of the family court; making appropriations; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.012 is hereby amended to read as follows:
3.012 For the second judicial district there must be [11] 12 district judges, [3] 4 of whom must be judges of the family court.
Sec. 2. NRS 3.018 is hereby amended to read as follows:
3.018 For the eighth judicial district there must be [30] 33 district judges, [11] 12 of whom must be judges of the family court.
Sec. 3. The additional district judge required for the second judicial district pursuant to section 1 of this act and the additional district judges required for the eighth judicial district pursuant to section 2 of this act must be selected at the general election held on November 5, 2002, and take office on January 6, 2003. The terms of these judges expire on January 5, 2009.
Sec. 4. 1. There is hereby appropriated from the state general fund to the district judges salary account the sum of $81,588 for the salary of the additional district judge required pursuant to section 1 of this act.
2. There is hereby appropriated from the state general fund to the district judges salary account the sum of $244,764 for the salaries of the additional district judges required pursuant to section 2 of this act.
3. Any remaining balance of the appropriations made by subsections 1 and 2 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 6. 1. This section and sections 3 and 5 of this act become effective on October 1, 2001.
2. Section 4 of this act becomes effective on January 1, 2003.
3. Sections 1 and 2 of this act become effective at 12:01 a.m. on January 6, 2003.
________
κ2001 Statutes of Nevada, Page 2747κ
Senate Bill No. 143Committee on Finance
CHAPTER 553
AN ACT relating to substance abuse; making appropriations to certain judicial districts for continuation or establishment of programs of treatment for the abuse of alcohol or controlled substances; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the court administrator of the Second Judicial District of the State of Nevada the sum of $350,000 for the continuation of its program of treatment for the abuse of alcohol or controlled substances established pursuant to NRS 453.580.
2. The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the program of treatment established in the Second Judicial District Court pursuant to NRS 453.580.
Sec. 2. 1. There is hereby appropriated from the state general fund to the court administrator of the Eighth Judicial District of the State of Nevada the sum of $700,000 for the continuation of its program of treatment for the abuse of alcohol or controlled substances established pursuant to NRS 453.580.
2. The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the program of treatment established in the Eighth Judicial District Court pursuant to NRS 453.580.
Sec. 3. There is hereby appropriated from the state general fund to the administrative office of the courts the sum of $300,000 for the establishment of programs of treatment for the abuse of alcohol or controlled substances pursuant to NRS 453.580 in the First, Third and Ninth Judicial Districts of the State of Nevada which include Carson City and Churchill, Douglas, Lyon and Storey counties.
Sec. 4. Any remaining balances of the appropriations made by sections 1, 2 and 3 of this act must not be committed for expenditure after June 30, 2003, and revert to the state general fund as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2748κ
Senate Bill No. 202Committee on Government Affairs
CHAPTER 554
AN ACT relating to state financial administration; revising the requirement of financial reporting by the state controller; changing the designation of certain funds and accounts; making various changes relating to warrants of the state controller; requiring the state controller to present funds in annual financial statements in conformity with generally accepted accounting principles; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 227.110 is hereby amended to read as follows:
227.110 1. The state controller shall annually digest, prepare and report to the governor [, not later than 60 days after the close of each fiscal year or 60 days after the latest date in the succeeding fiscal year fixed by the legislature for the closing of accounts and final disposition of unexpended funds, to be laid before the legislature at each regular session:] and the legislature:
(a) A complete statement of the condition of the revenue, taxable funds, resources, income and property of the state, and the amount of the expenditures for the preceding fiscal year.
(b) A full and detailed statement of the public debt.
(c) A tabular statement showing separately the whole amount of each appropriation of money made by law, the amount paid under each of those appropriations, and the balance unexpended.
(d) A tabular statement showing the amount of revenue collected from each county for the preceding year.
2. [In his report the] The state controller [shall] may recommend such plans as he deems expedient for the support of the public credit, for promoting frugality and economy, and for the better management and more perfect understanding of the fiscal affairs of the state.
Sec. 2. NRS 227.160 is hereby amended to read as follows:
227.160 1. The state controller shall:
(a) Audit all claims against the state, for the payment of which an appropriation or authorization has been made but of which the amount has not been definitely fixed by law, which have been examined and passed upon by the state board of examiners, or which have been presented to the board and not examined and passed upon by it within 30 days from their presentation.
(b) Allow of those claims mentioned in paragraph (a) as not having been passed upon by the state board of examiners within 30 days after presentation the whole, or such portion thereof as he deems just and legal; and of claims examined and passed upon by the state board of examiners, such an amount as he decrees just and legal not exceeding the amount allowed by the board.
κ2001 Statutes of Nevada, Page 2749 (CHAPTER 554, SB 202)κ
2. No claim for services rendered or advances made to the state or any officer thereof may be audited or allowed unless the services or advancement have been specially authorized by law and an appropriation or authorization made for its payment.
3. For the purpose of satisfying himself of the justness and legality of any claim, the state controller may examine witnesses under oath and receive and consider documentary evidence in addition to that furnished him by the state board of examiners. [Except as otherwise provided in NRS 227.215, he] The state controller shall draw warrants on the state treasurer for such amounts as [he] the state controller allows of claims of the character described in this section, and also for all claims of which the amount has been definitely fixed by law and for the payment of which an appropriation or authorization has been made.
Sec. 3. NRS 227.200 is hereby amended to read as follows:
227.200 [Except as otherwise provided in NRS 227.215, the] The state controller shall:
1. Draw a warrant in favor of any person or governmental payee certified by an agency of state government to receive money from the treasury and deliver or mail the warrant to the state treasurer who shall sign the warrant and:
(a) Deliver or mail the countersigned warrant, if it is for an account payable, directly to the payee or his representative;
(b) [Deliver the warrant, if] If it is for payment of an employee [,] :
(1) Deliver or mail the warrant to the employee or to the appropriate state agency for distribution; or
(2) Deposit the warrant to the credit of the employee by direct deposit at a bank or credit union in which the employee has an account, if the employee has authorized the direct deposit; or
(c) Deposit the warrant to the credit of the payee through a funds transfer.
2. Keep a warrant register, in which he shall enter all warrants drawn by him. The arrangement of this book must be such as to show the bill and warrant number, the amount, out of which fund the warrants are payable, and a distribution of the warrants under the various appropriations.
3. Credit the state treasurer with all warrants paid.
Sec. 4. NRS 232.355 is hereby amended to read as follows:
232.355 1. Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money or other property which the divisions of the department of human resources are authorized to accept must be accounted for in the department of human resources gift fund, which is hereby created as a [trust] special revenue fund. The fund is a continuing fund without reversion. The department may establish such accounts in the fund as are necessary to account properly for gifts received. All such money received by the [division] divisions must be deposited in the state treasury for credit to the fund. The money in the fund must be paid out on claims as other claims against the state are paid. Unless otherwise specifically provided by statute, claims against the fund must be approved by the director or his delegate.
2. Gifts of property other than money may be sold or exchanged when this is deemed by the head of the facility or agency responsible for the gift to be in the best interest of the facility or agency. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the head of the facility or agency. All money received from the sale must be deposited in the state treasury to the credit of the appropriate gift account in the department of human resources gift fund.
κ2001 Statutes of Nevada, Page 2750 (CHAPTER 554, SB 202)κ
sale must be deposited in the state treasury to the credit of the appropriate gift account in the department of human resources gift fund. The money may be spent only for the purposes of the facility or agency named in the title of the account. The property may not be sold or exchanged if to do so would violate the terms of the gift.
Sec. 5. NRS 232.960 is hereby amended to read as follows:
232.960 1. Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money or other property which the rehabilitation division of the department is authorized to accept must be accounted for in the department of employment, training and rehabilitations gift fund, which is hereby created as a [trust] special revenue fund. The fund is a continuing fund without reversion. The department may establish such accounts in the fund as are necessary to account properly for gifts received. All such money received by the division must be deposited in the state treasury for credit to the fund. The money in the fund must be paid out on claims as other claims against the state are paid. Unless otherwise specifically provided by statute, claims against the fund must be approved by the director or his delegate.
2. Gifts of property other than money may be sold or exchanged when it is deemed by the director to be in the best interest of the rehabilitation division. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the director. All money received from the sale must be deposited in the state treasury to the credit of the fund. The money may be spent only for the purposes of the division. The property may not be sold or exchanged if to do so would violate the terms of the gift.
Sec. 6. NRS 349.952 is hereby amended to read as follows:
349.952 1. Except as otherwise provided in subsection 3 and NRS 349.951, all amounts received by the director from an obligor in connection with any financing undertaken pursuant to NRS 349.935 to 349.961, inclusive, must be deposited with the state treasurer for credit to the account for the financing of water projects which is hereby created in the fund for [the municipal bond bank.] natural resources, which is hereby created as a special revenue fund.
2. Any revenue from water projects financed with state securities which is in the account must be applied in the following order of priority:
(a) Deposited into the consolidated bond interest and redemption fund in amounts necessary to pay the principal of, interest on and redemption premiums due in connection with state securities issued for water projects.
(b) Deposited into any reserve account created for the payment of the principal of, interest on and redemption premiums due in connection with state securities issued for water projects, in amounts and at times determined to be necessary.
(c) Paid out for expenses of operation and maintenance.
3. Any revenue from water projects financed with revenue bonds may:
(a) Be deposited in the account for the financing of water projects and subject to the provisions of subsection 2; or
(b) Subject to any agreement with the holders of the bonds, be invested, deposited or held by the director in such funds or accounts as he deems necessary or desirable. If the director is acting pursuant to this subsection, he need not deposit the money in the state treasury and the provisions of chapters 355 and 356 of NRS do not apply to any investments or deposits made pursuant to this subsection.
κ2001 Statutes of Nevada, Page 2751 (CHAPTER 554, SB 202)κ
chapters 355 and 356 of NRS do not apply to any investments or deposits made pursuant to this subsection.
Sec. 7. NRS 350A.190 is hereby amended to read as follows:
350A.190 1. All revenues from lending projects must be deposited in the fund for the municipal bond bank in the state treasury, which is hereby created as [a special revenue] an enterprise fund.
2. Any revenue from lending projects which is in the fund must be applied in the following order of priority:
(a) Deposited into the consolidated bond interest and redemption fund created pursuant to NRS 349.090 in amounts necessary to pay the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter.
(b) Deposited into any reserve account created for the payment of the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter, in amounts and at times determined to be necessary.
(c) Paid out for expenses of operation and maintenance.
(d) On July 1 of each odd-numbered year, to the extent of any uncommitted balance in the fund, deposited in the state general fund.
Sec. 8. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
Generally accepted accounting principles means generally accepted accounting principles for government as prescribed by the Governmental Accounting Standards Board.
Sec. 9. NRS 353.130 is hereby amended to read as follows:
353.130 All state controllers warrants issued in payment of claims against the state become void if not presented for payment to the state treasurer within 180 days after the date of issuance. All such warrants remaining unpaid after the expiration of the 180 days [, whether outstanding or uncalled for in the office of the state controller,] must be canceled by the state controller, and the state treasurer must be notified immediately of the cancellation. The state treasurer shall not pay a warrant presented for payment more than 180 days after the date of issuance.
Sec. 10. NRS 353.140 is hereby amended to read as follows:
353.140 1. The state controller shall establish an account for lost and stale warrants in each fund and credit to it the amount of each warrant canceled [.] pursuant to NRS 353.130.
2. If a state controllers warrant has been lost or destroyed, the person in whose favor the warrant was drawn may, within [1 year from] 6 years after the date of the original warrant, [file] request another warrant in lieu of the original warrant by:
(a) Filing with the state controller an affidavit [setting] :
(1) Providing sufficient information for the state controller to identify the original warrant;
(2) Setting forth the reasons for the failure to present the warrant for payment ; and
(3) Affirming that the warrant is not , to the knowledge of the affiant , held by any other person or persons [.] ; and
(b) If he files the affidavit more than 180 days after the date of the original warrant, renewing his claim against the state.
κ2001 Statutes of Nevada, Page 2752 (CHAPTER 554, SB 202)κ
If the state controller is satisfied that the original warrant is lost or destroyed, and the claim has not been paid by the state, he may issue another warrant in lieu of the original warrant . [and]
3. If the state controller issues another warrant in lieu of an original warrant canceled pursuant to NRS 353.130, he shall, except as otherwise provided by specific statute, charge the amount thereof to the account for lost and stale warrants in the fund upon which the original warrant was drawn.
[3.] 4. In June of each year, as to each warrant whose original date is at least [1 year] 6 years old and whose amount credited to the account for lost and stale warrants has not been charged out as provided in subsection [2,] 3, the state controller shall, except as otherwise [provided in subsection 4, credit] provided by specific statute, recognize as revenue in the fund upon which the original warrant was drawn [for] an amount equivalent to the original warrant [,] and shall charge the account for lost and stale warrants.
[4. The state controller shall credit the wildlife account in the state general fund for any such warrant drawn from that account.]
Sec. 11. NRS 353.295 is hereby amended to read as follows:
353.295 As used in the State Accounting Procedures Law, unless the context otherwise requires, and in all accounting procedures and reports pursuant to this chapter, the words and terms defined in NRS 353.2961 to 353.3135, inclusive, and section 8 of this act have the meanings ascribed to them in those sections.
Sec. 12. NRS 353.321 is hereby amended to read as follows:
353.321 1. The state controller shall report each fund [and account group] in one of the following categories for purposes of annual financial statements:
(a) State general fund;
(b) Special revenue funds;
(c) [Funds for the construction of capital projects;] Capital projects funds;
(d) [Internal service funds;
(e) Enterprise funds;
(f) Fiduciary funds;
(g)] Debt service funds;
[(h) General long-term debt account group; or
(i) General fixed assets account group.]
(e) Permanent funds;
(f) Enterprise funds;
(g) Internal service funds;
(h) Pension trust funds;
(i) Investment trust funds;
(j) Private purpose trust funds; or
(k) Agency funds.
2. All resources and financial transactions of the state government must be accounted for within a fund . [or account group.] The state controller shall assign each existing fund [and account group] which is created by statute to the proper category [unless the category is designated by statute.] necessary to present the annual financial statements in conformity with generally accepted accounting principles, notwithstanding any statutory designation to the contrary.
κ2001 Statutes of Nevada, Page 2753 (CHAPTER 554, SB 202)κ
Sec. 13. NRS 385.095 is hereby amended to read as follows:
385.095 Except as otherwise provided in NRS 385.091:
1. All gifts of money which the state board is authorized to accept must be deposited in a [permanent trust] special revenue fund in the state treasury designated as the education gift fund.
2. The money available in the education gift fund must be used only for the purpose specified by the donor, within the scope of the state boards powers and duties, and no expenditure may be made until approved by the legislature in an authorized expenditure act or by the interim finance committee if the legislature is not in session.
3. If all or part of the money accepted by the state board from a donor is not expended before the end of any fiscal year, the remaining balance of the amount donated must remain in the education gift fund until needed for the purpose specified by the donor.
Sec. 14. NRS 397.063 is hereby amended to read as follows:
397.063 1. All contributions from students must be accounted for in the Western Interstate Commission for Higher Educations fund for student loans which is hereby created as [a special revenue] an enterprise fund.
2. The three commissioners from the State of Nevada, acting jointly, shall administer the fund and the money in the fund must be used solely to provide:
(a) Loans to; and
(b) Contractual arrangements for educational services and facilities for,
residents of Nevada who are certified to attend graduate or professional schools in accordance with the provisions of the Western Regional Higher Education Compact.
3. Loans from the Western Interstate Commission for Higher Educations fund for student loans, before July 1, 1985, and loans made to students classified as continuing students before July 1, 1985, must be made upon the following terms:
(a) All student loans must bear interest at 5 percent per annum from the date when the student receives the loan.
(b) Each student receiving a loan must repay the loan with interest following the termination of his education or completion of his internship in accordance with the following schedule:
(1) Within 5 years for loans which total less than $10,000.
(2) Within 8 years for loans which total $10,000 or more but less than $20,000.
(3) Within 10 years for loans which total $20,000 or more.
(c) No student loan may exceed 50 percent of the student fees for any academic year.
Sec. 15. NRS 407.075 is hereby amended to read as follows:
407.075 1. The state park grant and gift fund is hereby created as a [trust] special revenue fund for the use of the division.
2. All grants and gifts of money which the division is authorized to accept must be deposited with the state treasurer for credit to the state park grant and gift fund.
3. Expenditures from the state park grant and gift fund must be made only for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the division.
κ2001 Statutes of Nevada, Page 2754 (CHAPTER 554, SB 202)κ
Sec. 16. NRS 445A.120 is hereby amended to read as follows:
445A.120 1. The account to finance the construction of treatment works and the implementation of pollution control projects is hereby created in the fund for [the municipal bond bank.] water projects loans, which is hereby created as an enterprise fund.
2. The money in the account must be used only for the purposes set forth in 33 U.S.C. §§ 1381 et seq.
3. All claims against the account must be paid as other claims against the state are paid.
4. The faith of the state is hereby pledged that the money in the account will not be used for purposes other than those authorized by 33 U.S.C. §§ 1381 et seq.
Sec. 17. NRS 445A.255 is hereby amended to read as follows:
445A.255 1. The account to finance the construction of projects, to be known as the account for the revolving fund, is hereby created in the fund for [the municipal bond bank.] water projects loans.
2. The account to fund activities, other than projects, authorized by the Safe Drinking Water Act, to be known as the account for set-aside programs, is hereby created in the fund for the municipal bond bank.
3. The money in the account for the revolving fund and the account for set-aside programs may be used only for the purposes set forth in the Safe Drinking Water Act.
4. All claims against the account for the revolving fund and the account for set-aside programs must be paid as other claims against the state are paid.
5. The faith of the state is hereby pledged that the money in the account for the revolving fund and the account for set-aside programs will not be used for purposes other than those authorized by the Safe Drinking Water Act.
Sec. 18. NRS 463.331 is hereby amended to read as follows:
463.331 1. An investigative fund is hereby created as [a special revenue] an enterprise fund for the purposes of paying all expenses incurred by the board and the commission for investigation of an application for a license, finding of suitability or approval under the provisions of this chapter. The special revenue of the investigative fund is the money received by the state from the respective applicants. The amount to be paid by each applicant is the amount determined by the board in each case, but the board may not charge any amount to an applicant for a finding of suitability to be associated with a gaming enterprise pursuant to paragraph (a) of subsection 2 of NRS 463.167.
2. Expenses may be advanced from the investigative fund by the chairman, and expenditures from the fund may be made without regard to NRS 281.160. Any money received from the applicant in excess of the costs and charges incurred in the investigation or the processing of the application must be refunded pursuant to regulations adopted by the board and the commission. At the conclusion of the investigation, the board shall give to the applicant a written accounting of the costs and charges so incurred.
3. Within 3 months after the end of a fiscal year, the amount of the balance in the fund in excess of $2,000 must be deposited in the state general fund.
κ2001 Statutes of Nevada, Page 2755 (CHAPTER 554, SB 202)κ
Sec. 19. NRS 616A.425 is hereby amended to read as follows:
616A.425 1. There is hereby established in the state treasury the fund for workers compensation and safety as [a special revenue] an enterprise fund. All money received from assessments levied on insurers and employers by the administrator pursuant to NRS 232.680 must be deposited in this fund.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the division for functions supported in whole or in part from the fund must be delivered to the custody of the state treasurer for deposit to the credit of the fund.
3. All money and securities in the fund must be used to defray all costs and expenses of administering the program of workmens compensation, including the payment of:
(a) All salaries and other expenses in administering the division of industrial relations, including the costs of the office and staff of the administrator.
(b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner.
(c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.
(d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420.
(e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.
(f) That portion of the salaries and other expenses of the office for consumer health assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers compensation.
4. The state treasurer may disburse money from the fund only upon written order of the controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
Sec. 20. NRS 616A.430 is hereby amended to read as follows:
616A.430 1. There is hereby established [as a special revenue fund] in the state treasury the uninsured employers claim [fund,] account in the fund for workers compensation and safety, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616C.220 and 617.401. The administrator shall administer the [fund] account and shall credit any excess money toward the assessments of the insurers for the succeeding years.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the uninsured employers claim [fund] account must be delivered to the custody of the state treasurer.
κ2001 Statutes of Nevada, Page 2756 (CHAPTER 554, SB 202)κ
3. All money and securities in the [fund] account must be held by the state treasurer as custodian thereof to be used solely for workers compensation.
4. The state treasurer may disburse money from the [fund] account only upon written order of the state controller.
5. The state treasurer shall invest money of the [fund] account in the same manner and in the same securities in which he is authorized to invest money of the state general fund. Income realized from the investment of the assets of the [fund] account must be credited to the [fund.] account.
6. The administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount to be deposited in the uninsured employers claim [fund.] account. To establish the amount of the assessment, the administrator shall determine the amount of money necessary to maintain an appropriate balance in the [fund] account for each fiscal year and shall allocate a portion of that amount to be payable by private carriers, a portion to be payable by self-insured employers, a portion to be payable by associations of self-insured public or private employers and a portion to be payable by the employers who provide accident benefits pursuant to NRS 616C.265, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable, the administrator shall apply an assessment rate to the:
(a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;
(b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;
(c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and
(d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflects the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.
The administrator shall adopt regulations for the establishment and administration of the assessment rates, payments and any penalties that the administrator determines are necessary to carry out the provisions of this subsection. As used in this subsection, the term group of insurers includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
Sec. 21. NRS 616B.368 is hereby amended to read as follows:
616B.368 1. The board of trustees of an association of self-insured public or private employers is responsible for the money collected and disbursed by the association.
2. The board of trustees shall:
κ2001 Statutes of Nevada, Page 2757 (CHAPTER 554, SB 202)κ
(a) Establish a claims account in a financial institution in this state which is approved by the commissioner and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. Except as otherwise provided in subsection 3, at least 75 percent of the annual assessment collected by the association from its members must be deposited in this account to pay:
(1) Claims;
(2) Expenses related to those claims;
(3) The costs associated with the associations policy of excess insurance; and
(4) Assessments, payments and penalties related to the subsequent injury [fund] account and the uninsured employers claim [fund.] account.
(b) Establish an administrative account in a financial institution in this state which is approved by the commissioner and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The amount of the annual assessment collected by the association that is not deposited in its claims account must be deposited in this account to pay the administrative expenses of the association.
3. The commissioner may authorize an association to deposit less than 75 percent of its annual assessment in its claims account if the association presents evidence to the satisfaction of the commissioner that:
(a) More than 25 percent of the associations annual assessment is needed to maintain its programs for loss control and occupational safety; and
(b) The associations policy of excess insurance attaches at less than 75 percent.
4. The board of trustees may invest the money of the association not needed to pay the obligations of the association pursuant to chapter 682A of NRS.
5. The commissioner shall review the accounts of an association established pursuant to this section at such times as he deems necessary to ensure compliance with the provisions of this section.
Sec. 22. NRS 616B.545 is hereby amended to read as follows:
616B.545 As used in NRS 616B.545 to 616B.560, inclusive, unless the context otherwise requires, board means the board for the administration of the subsequent injury [fund] account for self-insured employers created pursuant to NRS 616B.548.
Sec. 23. NRS 616B.548 is hereby amended to read as follows:
616B.548 1. There is hereby created the board for the administration of the subsequent injury [fund] account for self-insured employers, consisting of five members who are self-insured employers. The members must be appointed by the governor.
2. The members of the board shall elect a chairman and vice chairman from among the members appointed. After the initial election of a chairman and vice chairman, each of those officers shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the board shall elect a replacement for the remainder of the unexpired term.
3. Vacancies on the board must be filled in the same manner as original appointments.
4. The members of the board serve without compensation.
5. A legal counsel that has been appointed by or has contracted with the division pursuant to NRS 232.660 shall serve as legal counsel of the board.
κ2001 Statutes of Nevada, Page 2758 (CHAPTER 554, SB 202)κ
Sec. 24. NRS 616B.551 is hereby amended to read as follows:
616B.551 1. The members of the board may meet throughout each year at the times and places specified by a call of the chairman or a majority of the board. The board may prescribe rules and regulations for its own management and government. Three members of the board constitute a quorum, and a quorum may exercise all the power and authority conferred on the board. If a member of the board submits a claim against the subsequent injury [fund] account for self-insured employers, that member shall not vote on or otherwise participate in the decision of the board concerning that claim.
2. The board shall administer the subsequent injury [fund] account for self-insured employers in accordance with the provisions of NRS 616B.554, 616B.557 and 616B.560.
Sec. 25. NRS 616B.554 is hereby amended to read as follows:
616B.554 1. There is hereby [established as a special revenue fund] created in the fund for workers compensation and safety in the state treasury the subsequent injury [fund] account for self-insured employers, which may be used only to make payments in accordance with the provisions of NRS 616B.557 and 616B.560. The board shall administer the [fund] account based upon recommendations made by the administrator pursuant to subsection 8.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury [fund] account for self-insured employers must be delivered to the custody of the state treasurer.
3. All money and securities in the [fund] account must be held by the state treasurer as custodian thereof to be used solely for workers compensation for employees of self-insured employers.
4. The state treasurer may disburse money from the [fund] account only upon written order of the board.
5. The state treasurer shall invest money of the [fund] account in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the [fund] account must be credited to the fund.
6. The board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must result in an equitable distribution of costs among the self-insured employers and must be based upon expected annual expenditures for claims for payments from the subsequent injury [fund] account for self-insured employers.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any self-insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
8. The administrator shall:
(a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury [fund] account for self-insured employers and recommend to the board any appropriate action to be taken concerning the claim; and
(b) Submit to the board any other recommendations relating to the [fund.] account.
κ2001 Statutes of Nevada, Page 2759 (CHAPTER 554, SB 202)κ
Sec. 26. NRS 616B.557 is hereby amended to read as follows:
616B.557 Except as otherwise provided in NRS 616B.560:
1. If an employee of a self-insured employer has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury [fund] account for self-insured employers in accordance with regulations adopted by the board.
2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury [fund] account for self-insured employers in accordance with regulations adopted by the board.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a permanent physical impairment unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the division pursuant to NRS 616C.110.
4. To qualify under this section for reimbursement from the subsequent injury [fund] account for self-insured employers, the self-insured employer must establish by written records that the self-insured employer had knowledge of the permanent physical impairment at the time the employee was hired or that the employee was retained in employment after the self-insured employer acquired such knowledge.
5. A self-insured employer shall notify the board of any possible claim against the subsequent injury [fund] account for self-insured employers as soon as practicable, but not later than 100 weeks after the injury or death.
6. The board shall adopt regulations establishing procedures for submitting claims against the subsequent injury [fund] account for self-insured employers. The board shall notify the self-insured employer of his decision on such a claim within 90 days after the claim is received.
7. An appeal of any decision made concerning a claim against the subsequent injury [fund] account for self-insured employers must be submitted directly to the district court.
Sec. 27. NRS 616B.560 is hereby amended to read as follows:
616B.560 1. A self-insured employer who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the subsequent injury [fund] account for self-insured employers if:
(a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the self-insured employer;
κ2001 Statutes of Nevada, Page 2760 (CHAPTER 554, SB 202)κ
(b) The self-insured employer relied upon the false representation and this reliance formed a substantial basis of the employment; and
(c) A causal connection existed between the false representation and the subsequent disability.
If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the subsequent injury [fund] account for self-insured employers.
2. A self-insured employer shall notify the board of any possible claim against the subsequent injury [fund] account for self-insured employers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the self-insured employer learns of the employees false representation, whichever is later.
Sec. 28. NRS 616B.563 is hereby amended to read as follows:
616B.563 As used in NRS 616B.563 to 616B.581, inclusive, unless the context otherwise requires, board means the board for the administration of the subsequent injury [fund] account for associations of self-insured public or private employers created pursuant to NRS 616B.569.
Sec. 29. NRS 616B.569 is hereby amended to read as follows:
616B.569 1. There is hereby created the board for the administration of the subsequent injury [fund] account for associations of self-insured public or private employers, consisting of five members who are members of an association of self-insured public or private employers. The members of the board must be appointed by the governor.
2. The members of the board shall elect a chairman and vice chairman from among the members appointed. After the initial election of a chairman and vice chairman, each of those officers shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the board shall elect a replacement for the remainder of the unexpired term.
3. Vacancies on the board must be filled in the same manner as original appointments.
4. The members of the board serve without compensation.
5. A legal counsel that has been appointed by or has contracted with the division pursuant to NRS 232.660 shall serve as legal counsel of the board.
Sec. 30. NRS 616B.572 is hereby amended to read as follows:
616B.572 1. The members of the board may meet throughout each year at the times and places specified by a call of the chairman or a majority of the board. The board may prescribe rules and regulations for its own management and government. Three members of the board constitute a quorum, and a quorum may exercise all the power and authority conferred on the board. If a member of the board submits a claim against the subsequent injury [fund] account for associations of self-insured public or private employers, that member shall not vote on or otherwise participate in the decision of the board concerning that claim.
2. The board shall administer the subsequent injury [fund] account for associations of self-insured public or private employers in accordance with the provisions of NRS 616B.575, 616B.578 and 616B.581.
κ2001 Statutes of Nevada, Page 2761 (CHAPTER 554, SB 202)κ
Sec. 31. NRS 616B.575 is hereby amended to read as follows:
616B.575 1. There is hereby [established as a special revenue fund] created in the fund for workers compensation and safety in the state treasury the subsequent injury [fund] account for associations of self-insured public or private employers, which may be used only to make payments in accordance with the provisions of NRS 616B.578 and 616B.581. The board shall administer the [fund] account based upon recommendations made by the administrator pursuant to subsection 8.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury [fund] account for associations of self-insured public or private employers must be delivered to the custody of the state treasurer.
3. All money and securities in the [fund] account must be held by the state treasurer as custodian thereof to be used solely for workers compensation for employees of members of associations of self-insured public or private employers.
4. The state treasurer may disburse money from the [fund] account only upon written order of the board.
5. The state treasurer shall invest money of the [fund] account in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the [fund] account must be credited to the [fund.] account.
6. The board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must result in an equitable distribution of costs among the associations of self-insured public or private employers and must be based upon expected annual expenditures for claims for payments from the subsequent injury [fund] account for associations of self-insured public or private employers.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any association of self-insured public or private employers that wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
8. The administrator shall:
(a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury [fund] account for associations of self-insured public or private employers and recommend to the board any appropriate action to be taken concerning the claim; and
(b) Submit to the board any other recommendations relating to the [fund.] account.
Sec. 32. NRS 616B.578 is hereby amended to read as follows:
616B.578 Except as otherwise provided in NRS 616B.581:
1. If an employee of a member of an association of self-insured public or private employers has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury [fund] account for associations of self-insured public or private employers in accordance with regulations adopted by the board.
κ2001 Statutes of Nevada, Page 2762 (CHAPTER 554, SB 202)κ
insured public or private employers in accordance with regulations adopted by the board.
2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury [fund] account for associations of self-insured public or private employers in accordance with regulations adopted by the board.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a permanent physical impairment unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the division pursuant to NRS 616C.110.
4. To qualify under this section for reimbursement from the subsequent injury [fund] account for associations of self-insured public or private employers, the association of self-insured public or private employers must establish by written records that the employer had knowledge of the permanent physical impairment at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.
5. An association of self-insured public or private employers shall notify the board of any possible claim against the subsequent injury [fund] account for associations of self-insured public or private employers as soon as practicable, but not later than 100 weeks after the injury or death.
6. The board shall adopt regulations establishing procedures for submitting claims against the subsequent injury [fund] account for associations of self-insured public or private employers. The board shall notify the association of self-insured public or private employers of its decision on such a claim within 90 days after the claim is received.
7. An appeal of any decision made concerning a claim against the subsequent injury [fund] account for associations of self-insured public or private employers must be submitted directly to the district court.
Sec. 33. NRS 616B.581 is hereby amended to read as follows:
616B.581 1. An association of self-insured public or private employers that pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the subsequent injury [fund] account for associations of self-insured public or private employers if:
(a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the member of the association of self-insured public or private employers;
(b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and
κ2001 Statutes of Nevada, Page 2763 (CHAPTER 554, SB 202)κ
(c) A causal connection existed between the false representation and the subsequent disability.
If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the subsequent injury [fund] account for associations of self-insured public or private employers.
2. An association of self-insured public or private employers shall notify the board of any possible claim against the subsequent injury [fund] account for associations of self-insured public or private employers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the employer learns of the employees false representation, whichever is later.
Sec. 34. NRS 616B.584 is hereby amended to read as follows:
616B.584 1. There is hereby [established as a special revenue fund] created in the fund for workers compensation and safety in the state treasury the subsequent injury [fund] account for private carriers, which may be used only to make payments in accordance with the provisions of NRS 616B.587 and 616B.590. The administrator shall administer the [fund.] account.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury [fund] account for private carriers must be delivered to the custody of the state treasurer.
3. All money and securities in the [fund] account must be held by the state treasurer as custodian thereof to be used solely for workers compensation for employees whose employers are insured by private carriers.
4. The state treasurer may disburse money from the [fund] account only upon written order of the state controller.
5. The state treasurer shall invest money of the [fund] account in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the [fund] account must be credited to the [fund.] account.
6. The administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by private carriers, must result in an equitable distribution of costs among the private carriers and must be based upon expected annual premiums to be received.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any private carrier who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
Sec. 35. NRS 616B.587 is hereby amended to read as follows:
616B.587 Except as otherwise provided in NRS 616B.590:
1. If an employee of an employer who is insured by a private carrier has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury [fund] account for private carriers in accordance with regulations adopted by the administrator.
κ2001 Statutes of Nevada, Page 2764 (CHAPTER 554, SB 202)κ
from the subsequent injury alone, the compensation due must be charged to the subsequent injury [fund] account for private carriers in accordance with regulations adopted by the administrator.
2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury [fund] account for private carriers in accordance with regulations adopted by the administrator.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a permanent physical impairment unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the division pursuant to NRS 616C.110.
4. To qualify under this section for reimbursement from the subsequent injury [fund] account for private carriers, the private carrier must establish by written records that the employer had knowledge of the permanent physical impairment at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.
5. A private carrier shall notify the administrator of any possible claim against the subsequent injury [fund] account for private carriers as soon as practicable, but not later than 100 weeks after the injury or death.
6. The administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury [fund] account for private carriers. The administrator shall notify the private carrier of his decision on such a claim within 90 days after the claim is received.
7. An appeal of any decision made concerning a claim against the subsequent injury [fund] account for private carriers must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.
Sec. 36. NRS 616B.590 is hereby amended to read as follows:
616B.590 1. A private carrier who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the subsequent injury [fund] account for private carriers if:
(a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the employer insured by a private carrier;
(b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and
(c) A causal connection existed between the false representation and the subsequent disability.
If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the subsequent injury [fund] account for private carriers.
κ2001 Statutes of Nevada, Page 2765 (CHAPTER 554, SB 202)κ
permanent physical impairment, any compensation paid is entitled to be reimbursed from the subsequent injury [fund] account for private carriers.
2. A private carrier shall notify the administrator of any possible claim against the subsequent injury [fund] account for private carriers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the employer learns of the employees false representation, whichever is later.
Sec. 37. NRS 616C.215 is hereby amended to read as follows:
616C.215 1. If an injured employee or, in the event of his death, his dependents, bring an action in tort against his employer to recover payment for an injury which is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and, notwithstanding the provisions of NRS 616A.020, receive payment from the employer for that injury:
(a) The amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount paid by the employer.
(b) The insurer, or in the case of claims involving the uninsured employers claim [fund] account or a subsequent injury [fund] account the administrator, has a lien upon the total amount paid by the employer if the injured employee or his dependents receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.
This subsection is applicable whether the money paid to the employee or his dependents by the employer is classified as a gift, a settlement or otherwise. The provisions of this subsection do not grant to an injured employee any right of action in tort to recover damages from his employer for his injury.
2. When an employee receives an injury for which compensation is payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and which was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:
(a) The injured employee, or in case of death his dependents, may take proceedings against that person to recover damages, but the amount of the compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employees injury.
(b) If the injured employee, or in case of death his dependents, receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the insurer, or in case of claims involving the uninsured employers claim [fund] account or a subsequent injury [fund] account the administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor.
3. When an injured employee incurs an injury for which compensation is payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and which was caused under circumstances entitling him, or in the case of death his dependents, to receive proceeds under his employers policy of uninsured or underinsured vehicle coverage:
κ2001 Statutes of Nevada, Page 2766 (CHAPTER 554, SB 202)κ
him, or in the case of death his dependents, to receive proceeds under his employers policy of uninsured or underinsured vehicle coverage:
(a) The injured employee, or in the case of death his dependents, may take proceedings to recover those proceeds, but the amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount of proceeds received.
(b) If an injured employee, or in the case of death his dependents, receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the insurer, or in the case of claims involving the uninsured employers claim [fund] account or a subsequent injury [fund] account the administrator, is subrogated to the rights of the injured employee or his dependents to recover proceeds under the employers policy of uninsured or underinsured vehicle coverage. The insurer and the administrator are not subrogated to the rights of an injured employee or his dependents under a policy of uninsured or underinsured vehicle coverage purchased by the employee.
4. In any action or proceedings taken by the insurer or the administrator pursuant to this section, evidence of the amount of compensation, accident benefits and other expenditures which the insurer, the uninsured employers claim [fund] account or a subsequent injury [fund] account have paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the insurer or the administrator recovers more than those amounts, the excess must be paid to the injured employee or his dependents.
5. In any case where the insurer or the administrator is subrogated to the rights of the injured employee or of his dependents as provided in subsection 2 or 3, the insurer or the administrator has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employees injury.
6. The lien provided for pursuant to subsection 1 or 5 includes the total compensation expenditure incurred by the insurer, the uninsured employers claim [fund] account or a subsequent injury [fund] account for the injured employee and his dependents.
7. An injured employee, or in the case of death his dependents, or the attorney or representative of the injured employee or his dependents, shall notify the insurer, or in the case of claims involving the uninsured employers claim [fund] account or a subsequent injury [fund] account the administrator, in writing before initiating a proceeding or action pursuant to this section.
8. Within 15 days after the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise:
(a) The injured employee or his dependents, or the attorney or representative of the injured employee or his dependents; and
(b) The third-party insurer,
shall notify the insurer, or in the case of claims involving the uninsured employers claim [fund] account or a subsequent injury [fund] account the administrator, of the recovery and pay to the insurer or the administrator, respectively, the amount due pursuant to this section together with an itemized statement showing the distribution of the total recovery.
κ2001 Statutes of Nevada, Page 2767 (CHAPTER 554, SB 202)κ
administrator, of the recovery and pay to the insurer or the administrator, respectively, the amount due pursuant to this section together with an itemized statement showing the distribution of the total recovery. The attorney or representative of the injured employee or his dependents and the third-party insurer are jointly and severally liable for any amount to which an insurer is entitled pursuant to this section if the attorney, representative or third-party insurer has knowledge of the lien provided for in this section.
9. An insurer shall not sell its lien to a third-party insurer unless the injured employee or his dependents, or the attorney or representative of the injured employee or his dependents, refuses to provide to the insurer information concerning the action against the third party.
10. In any trial of an action by the injured employee, or in the case of his death by his dependents, against a person other than the employer or a person in the same employ, the jury must receive proof of the amount of all payments made or to be made by the insurer or the administrator. The court shall instruct the jury substantially as follows:
Payment of workmens compensation benefits by the insurer, or in the case of claims involving the uninsured employers claim [fund] account or a subsequent injury [fund] account the administrator, is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer, the insurer or the administrator any amount paid to him or paid on his behalf by his employer, the insurer or the administrator.
If you decide that the plaintiff is entitled to judgment against the defendant, you shall find his damages in accordance with the courts instructions on damages and return your verdict in the plaintiffs favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award.
11. To calculate an employers premium, the employers account with the private carrier must be credited with an amount equal to that recovered by the private carrier from a third party pursuant to this section, less the private carriers share of the expenses of litigation incurred in obtaining the recovery, except that the total credit must not exceed the amount of compensation actually paid or reserved by the private carrier on the injured employees claim.
12. As used in this section, third-party insurer means an insurer that issued to a third party who is liable for damages pursuant to subsection 2, a policy of liability insurance the proceeds of which are recoverable pursuant to this section. The term includes an insurer that issued to an employer a policy of uninsured or underinsured vehicle coverage.
Sec. 38. NRS 616C.220 is hereby amended to read as follows:
616C.220 1. The division shall designate one:
(a) Third-party administrator who has a valid certificate issued by the commissioner pursuant to NRS 683A.085; or
(b) Insurer, other than a self-insured employer or association of self-insured public or private employers,
to administer claims against the uninsured employers claim [fund.] account. The designation must be made pursuant to reasonable competitive bidding procedures established by the administrator.
κ2001 Statutes of Nevada, Page 2768 (CHAPTER 554, SB 202)κ
2. An employee may receive compensation from the uninsured employers claim [fund] account if:
(a) He was hired in this state or he is regularly employed in this state;
(b) He suffers an accident or injury in this state which arises out of and in the course of his employment;
(c) He files a claim for compensation with the division; and
(d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the injured employee pursuant to NRS 616C.215.
3. If the division receives a claim pursuant to subsection 2, the division shall immediately notify the employer of the claim.
4. For the purposes of this section, the employer has the burden of proving that he provided mandatory industrial insurance coverage for the employee or that he was not required to maintain industrial insurance for the employee.
5. Any employer who has failed to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS is liable for all payments made on his behalf, including any benefits, administrative costs or attorneys fees paid from the uninsured employers claim [fund] account or incurred by the division.
6. The division:
(a) May recover from the employer the payments made by the division that are described in subsection 5 and any accrued interest by bringing a civil action in district court.
(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employees injury.
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
7. The division shall:
(a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee.
(b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.
Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the division of its determination.
8. Upon demonstration of the:
(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or
(b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,
the division shall authorize payment from the uninsured employers claim [fund.] account.
9. Any party aggrieved by a determination regarding the administration of an assigned claim or a determination made by the division or by the designated third-party administrator or insurer regarding any claim made pursuant to this section may appeal that determination within 60 days after the determination is rendered to the hearings division of the department of administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.
κ2001 Statutes of Nevada, Page 2769 (CHAPTER 554, SB 202)κ
administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.
10. All insurers shall bear a proportionate amount of a claim made pursuant to chapters 616A to 616D, inclusive, of NRS, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
11. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers claim [fund.] account. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the [fund] account until payment is received by the division from the employer.
12. Attorneys fees recoverable by the division pursuant to this section must be:
(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.
(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division.
Any money collected must be deposited to the uninsured employers claim [fund.] account.
13. In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS.
Sec. 39. NRS 616D.200 is hereby amended to read as follows:
616D.200 1. If the administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:
(a) The premiums that would otherwise have been owed to a private carrier pursuant to the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, as determined by the administrator based upon the manual rates adopted by the commissioner, for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years; and
(b) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.
The money collected pursuant to this subsection must be paid into the uninsured employers claim [fund.] account.
2. The administrator shall deliver a copy of his determination to the employer. An employer who is aggrieved by the determination of the administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.
3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, shall be punished as follows:
κ2001 Statutes of Nevada, Page 2770 (CHAPTER 554, SB 202)κ
(a) Except as otherwise provided in paragraph (b), if it is a first offense, for a misdemeanor.
(b) If it is a first offense and, during the period the employer was doing business in this state without providing, securing or maintaining compensation, one of his employees suffers an injury arising out of and in the course of his employment that results in substantial bodily harm to the employee or the death of the employee, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.
(c) If it is a second or subsequent offense committed within 7 years after the previous offense, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.
4. In addition to any other penalty imposed pursuant to paragraph (b) or (c) of subsection 3, the court shall order the employer to:
(a) Pay restitution to an insurer who has incurred costs as a result of the violation in an amount equal to the costs that have been incurred minus any costs incurred that have otherwise been recovered; and
(b) Reimburse the uninsured employers claim [fund] account for all payments made from the [fund] account on the employers behalf, including any benefits, administrative costs or attorneys fees paid from the [fund,] account, that have not otherwise been recovered pursuant to NRS 616C.220.
5. Any criminal penalty imposed pursuant to subsections 3 and 4 must be in addition to the amount charged pursuant to subsection 1.
Sec. 40. NRS 616D.220 is hereby amended to read as follows:
616D.220 1. If the administrator finds that any employer or any employee, officer or agent of any employer has knowingly:
(a) Made a false statement or has knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based; or
(b) Misrepresented the classification or duties of an employee,
he shall make a determination thereon and charge the employers account an amount equal to the amount of the premium that would have been due had the proper information been submitted. The administrator shall deliver a copy of his determination to the employer. The money collected pursuant to this subsection must be paid into the uninsured employers claim [fund.] account.
2. An employer who is aggrieved by the determination of the administrator may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was delivered to the employer. The administrator shall hold a hearing within 30 days after he receives the request. The determination of the administrator made pursuant to a hearing is a final decision for the purposes of judicial review. The amount of the determination as finally decided by the administrator becomes due within 30 days after the determination is served on the employer.
3. A person who knowingly:
(a) Makes a false statement or representation or who knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based; or
(b) Misrepresents the classification or duties of an employee, is guilty of a gross misdemeanor.
κ2001 Statutes of Nevada, Page 2771 (CHAPTER 554, SB 202)κ
is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.
Sec. 41. NRS 616D.230 is hereby amended to read as follows:
616D.230 1. An employer who fails to pay an amount of money charged to him pursuant to the provisions of NRS 616D.200 or 616D.220 is liable in a civil action commenced by the attorney general for:
(a) Any amount charged to the employer by the administrator pursuant to NRS 616D.200 or 616D.220;
(b) Not more than $10,000 for each act of willful deception;
(c) An amount equal to three times the total amount of the reasonable expenses incurred by the state in enforcing this section; and
(d) Payment of interest on the amount charged at the rate fixed pursuant to NRS 99.040 for the period from the date upon which the amount charged was due to the date upon which the amount charged is paid.
2. A criminal action need not be brought against an employer described in subsection 1 before civil liability attaches under this section.
3. Any payment of money charged pursuant to the provisions of NRS 616D.200 or 616D.220 and collected pursuant to paragraph (a) or (d) of subsection 1 must be paid into the uninsured employers claim [fund.] account.
4. Any penalty collected pursuant to paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the fraud control unit for industrial insurance established pursuant to the provisions of NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the state general fund.
Sec. 42. NRS 617.401 is hereby amended to read as follows:
617.401 1. The division shall designate one:
(a) Third-party administrator who has a valid certificate issued by the commissioner pursuant to NRS 683A.085; or
(b) Insurer, other than a self-insured employer or association of self-insured public or private employers,
to administer claims against the uninsured employers claim [fund.] account. The designation must be made pursuant to reasonable competitive bidding procedures established by the administrator.
2. An employee may receive compensation from the uninsured employers claim [fund] account if:
(a) He was hired in this state or he is regularly employed in this state;
(b) He contracts an occupational disease as a result of work performed in this state;
(c) He files a claim for compensation with the division; and
(d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215.
3. If the division receives a claim pursuant to subsection 2, the division shall immediately notify the employer of the claim.
4. For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the employee or that he was not required to maintain industrial insurance for the employee.
5. Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorneys fees paid from the uninsured employers claim [fund] account or incurred by the division.
κ2001 Statutes of Nevada, Page 2772 (CHAPTER 554, SB 202)κ
attorneys fees paid from the uninsured employers claim [fund] account or incurred by the division.
6. The division:
(a) May recover from the employer the payments made by the division that are described in subsection 5 and any accrued interest by bringing a civil action in district court.
(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
7. The division shall:
(a) Determine whether the employer was insured within 30 days after receiving the claim from the employee.
(b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.
Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the division of its determination.
8. Upon demonstration of the:
(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or
(b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,
the division shall authorize payment from the uninsured employers claim [fund.] account.
9. Any party aggrieved by a determination regarding the administration of an assigned claim or a determination made by the division or by the designated third-party administrator or insurer regarding any claim made pursuant to this section may appeal that determination within 60 days after the determination is rendered to the hearings division of the department of administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.
10. All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
11. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers claim [fund.] account. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the [fund] account until payment is received by the division from the employer.
12. Attorneys fees recoverable by the division pursuant to this section must be:
(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.
κ2001 Statutes of Nevada, Page 2773 (CHAPTER 554, SB 202)κ
(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division.
Any money collected must be deposited to the uninsured employers claim [fund.] account.
13. In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.
Sec. 43. NRS 227.215 and 353.145 are hereby repealed.
Sec. 44. 1. The state controller shall, as he determines necessary to carry out the provisions of this act, cause the transfer of any money between funds and accounts whose designations are changed by the provisions of this act.
2. All rights and liabilities of a fund or account whose designation is changed by the provisions of this act are not affected by the change in designation and remain the rights and liabilities of the fund or account as newly designated.
Sec. 45. 1. This section and sections 1 to 18, inclusive, 21 to 24, inclusive, 26 to 30, inclusive, 32, 33, 35 to 42, inclusive, and 44 of this act become effective on July 1, 2001.
2. Sections 19, 20, 25, 31, 34 and 43 of this act become effective at 12:01 a.m. on July 1, 2001.
Sec. 46. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to any fund or account whose designation is changed by the provisions of this act.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to any fund or account whose designation is changed by the provisions of this act.
________
Senate Bill No. 458Committee on Finance
CHAPTER 555
AN ACT making an appropriation to the Department of Education for a cost-of-living bonus for all public employees in local school districts; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Education the sum of $34,000,000 for a cost-of-living bonus of approximately 3 percent for all public employees in local school districts.
κ2001 Statutes of Nevada, Page 2774 (CHAPTER 555, SB 458)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 465Committee on Finance
CHAPTER 556
AN ACT relating to the adjudication emergency account; authorizing the state board of examiners to establish the maximum balance for the account; authorizing the state engineer to request an allocation from the contingency fund if the balance of the account is below the amount established by the state board of examiners; making an appropriation; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 532.200 is hereby amended to read as follows:
532.200 1. For the purpose of advancing and paying for stenographic work and transcripts required by law or order of court, or for the costs, witness fees or expenses incurred by or upon the authority of the attorney general and the state engineer in any litigation affecting any order of determination adjudicating the waters of any system of streams in this state, there is hereby created the adjudication emergency account in the state general fund. All money returned pursuant to [the provisions of chapter 181, Statutes of Nevada 1925,] subsection 3 and NRS 533.190 until those returns total [$6,000,] an amount determined by the state board of examiners must be deposited in this account, and thereafter the account must be maintained for the purposes designated in this section. If the balance in the account exceeds the amount determined by the state board of examiners, that portion of the balance in the account which exceeds the amount determined by the state board of examiners must be deposited in the state general fund. If the balance in the account is below the amount determined by the state board of examiners, the state engineer may request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.
2. No part of the account may be used in the payment of attorneys fees.
3. The State of Nevada shall recover all costs paid or advanced pursuant to the provisions of this section, and the money recovered must be placed in the account.
4. All expenditures from the account must be paid as other claims against the state are paid.
Sec. 2. There is hereby appropriated from the state general fund to the adjudication emergency account created pursuant to NRS 532.200 the sum of $10,000 to restore the balance in the account.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2775κ
Senate Bill No. 482Committee on Human Resources and Facilities
CHAPTER 557
AN ACT relating to skateboard parks; prohibiting a person who uses a skateboard park from engaging in certain conduct; requiring such a person to follow certain safety requirements; providing a penalty; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 455B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Roller skate means a tandem or in-line set of wheels mounted on a frame that can be fitted to the sole of a shoe or a shoe mounted on a tandem or in-line set of wheels.
Sec. 4. Scooter means a tandem or in-line set of wheels mounted on a board or frame with a steering handle which is not propelled by a motor.
Sec. 5. Skateboard means a tandem or in-line set of wheels mounted on a board.
Sec. 6. Skateboard park means a park or part of a park with paths, slopes, structures, jumps and other areas open to the public that are designated for use with a skateboard, roller skates, a bicycle or a scooter.
Sec. 7. Skateboard park operator means an agency or political subdivision of this state that owns, controls, operates or manages a skateboard park.
Sec. 8. A person shall not:
1. Fail or refuse to comply with:
(a) Reasonable instructions provided by an authorized agent or employee of a skateboard park operator regarding the use of the skateboard park; or
(b) Rules concerning safety that are posted on a sign in a conspicuous place by a skateboard park operator;
2. Intentionally place, drop or throw any object in the path of a user of a skateboard park or on the surface of a skateboard park; or
3. Conduct himself in a manner that interferes with the safe operation of a skateboard park or with the safety of other users of a skateboard park.
Sec. 9. A person using a skateboard park shall, to the extent possible:
1. Locate and ascertain the meaning of any sign that is posted in or near the skateboard park by the skateboard park operator;
2. Heed warnings and other information posted by the skateboard park operator;
3. Avoid impeding or colliding with other skateboarders, roller skaters, bicyclists and operators of scooters when entering any part of the skateboard park and when commencing to skateboard, roller skate, ride a bicycle or operate a scooter from a stationary position;
κ2001 Statutes of Nevada, Page 2776 (CHAPTER 557, SB 482)κ
4. Maintain a proper awareness and control of his speed to avoid colliding with objects and other users of the skateboard park; and
5. Conduct himself in such a manner as to avoid injury to persons and property in the skateboard park.
Sec. 10. 1. A person who sustains a personal injury while he is using a skateboard park shall notify the skateboard park operator or an authorized agent or employee of the operator of the injury as soon as reasonably possible.
2. A skateboard park operator is not liable for the death or injury of a person or for damage to property caused or sustained by a person using a skateboard park who knowingly enters an area which is not designated for use with a skateboard, roller skates, a bicycle or a scooter.
3. A skateboard park operator shall take reasonable steps to minimize dangers and conditions within his control.
Sec. 11. 1. A person shall not enter or use a skateboard park to skateboard, roller skate, ride a bicycle or operate a scooter while intoxicated or under the influence of a controlled substance, unless in accordance with a lawfully issued prescription.
2. A person using a skateboard park who is involved in a collision or an accident in which another person is injured shall provide his name and current address to the injured person and the skateboard park operator or an authorized agent or employee of the operator:
(a) Before he leaves the vicinity of the collision or accident; or
(b) As soon as reasonably possible after leaving the vicinity of the collision or accident to secure aid for the injured person.
3. A person who violates a provision of this section is guilty of a misdemeanor.
Sec. 12. The provisions of sections 2 to 12, inclusive, of this act do not prohibit a county, city or town from adopting ordinances that regulate skateboard parks which are consistent with the provisions of sections 2 to 10, inclusive, of this act.
Sec. 13. NRS 455B.010 is hereby amended to read as follows:
455B.010 As used in [this chapter,] NRS 455B.010 to 455B.100, inclusive, unless the context otherwise requires:
1. Amusement park means any permanent facility or park where amusement rides are available for use by the public.
2. Amusement ride or ride means any type of ride including, without limitation, any mechanical or aquatic device which carries passengers over a fixed or restricted route primarily for the passengers amusement. The terms include any ride propelled by its passengers or gravity if it is located in an amusement park.
3. Operator means a person who owns, leases, manages or operates an amusement park.
4. Passenger means a person using an amusement ride.
Sec. 14. NRS 455B.030 is hereby amended to read as follows:
455B.030 1. An operator shall prominently post and maintain in at least five conspicuous locations in the amusement park, including each entrance, exit, station for reporting an injury and first aid station, signs that:
(a) Indicate the responsibilities of operators and passengers pursuant to [this chapter.] the provisions of NRS 455B.010 to 455B.100, inclusive.
(b) Inform passengers of the location of stations for reporting accidents.
κ2001 Statutes of Nevada, Page 2777 (CHAPTER 557, SB 482)κ
2. An operator shall prominently post and maintain signs in simple and concise language at or near points where passengers embark upon an amusement ride, directing persons who are not familiar with the operation of the ride to ask an authorized agent or employee of the operator for assistance and instruction.
Sec. 15. NRS 455B.100 is hereby amended to read as follows:
455B.100 [This chapter does] The provisions of NRS 455B.010 to 455B.100, inclusive, do not prohibit a county, city or unincorporated town from adopting ordinances that regulate amusement parks which are consistent with the provisions of [this chapter.] NRS 455B.010 to 455B.100, inclusive.
Sec. 16. The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.
Sec. 17. This act becomes effective on July 1, 2001.
________
Senate Bill No. 497Committee on Finance
CHAPTER 558
AN ACT relating to state financial administration; authorizing the issuance of general obligation bonds to acquire certain facilities for Truckee Meadows Community College; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. At the request of the University and Community College System of Nevada, the State Board of Finance shall issue general obligation bonds of the State of Nevada or a combination of general obligation bonds of the State of Nevada and other state securities in the face amount of not more than $8,500,000 for the purpose of acquiring a portion of the facilities known as the Reno Town Mall or similar facilities for Truckee Meadows Community College in Washoe County.
2. The amount of the bonds and the timing of the issuance of the bonds must be determined by the State Treasurer and representatives of the University and Community College System of Nevada and must reflect the expenses associated with the issuance of the bonds and the expenses and timing associated with the acquisition of a portion of the Reno Town Mall or similar facilities for Truckee Meadows Community College in Washoe County.
3. Following the acquisition of the portion of the Reno Town Mall or similar facilities for Truckee Meadows Community College in Washoe County with the proceeds of the bonds authorized by this act, the University and Community College System of Nevada shall pay or transfer to the State Treasurer on the date on which the rent payments for the portion of the Reno Town Mall that is rented by the University and Community College System of Nevada on the effective date of this act would have been due, for deposit into the consolidated bond interest and redemption fund, from amounts appropriated by the Legislature to the University and Community College System of Nevada for rent payments on a portion of the Reno Town Mall and from other money of the University and Community College System of Nevada, an amount equal to the amount of principal and interest which accrues on the bonds in each month following the acquisition of the portion of the Reno Town Mall or similar facilities for Truckee Meadows Community College in Washoe County.
κ2001 Statutes of Nevada, Page 2778 (CHAPTER 558, SB 497)κ
and from other money of the University and Community College System of Nevada, an amount equal to the amount of principal and interest which accrues on the bonds in each month following the acquisition of the portion of the Reno Town Mall or similar facilities for Truckee Meadows Community College in Washoe County.
For the purposes of this section, the principal amount and interest on the bonds shall be deemed to accrue in equal monthly amounts from the date of the issuance of the bonds until the date of the first interest payment on the bonds and thereafter each semiannual interest payment shall be deemed to accrue in six equal monthly installments ending on the semiannual interest payment date. Principal on the bonds shall be deemed to accrue in equal monthly installments from the date of the issuance of the bonds until the first principal payment date on the bonds and thereafter each annual principal payment shall be deemed to accrue in 12 equal monthly installments ending on each annual bond principal payment date. The annual principal payment must occur on the date of the first semiannual interest payment.
4. Except with respect to the first interest and principal payments, the interest payments on the bonds must be made semiannually and the principal payments must be made annually.
5. The provisions of the State Securities Law, set forth in NRS 349.150 to 349.364, inclusive, apply to the issuance of bonds pursuant to the provisions of this act.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 524Committee on Transportation
CHAPTER 559
AN ACT relating to vehicles; authorizing the department of motor vehicles and public safety to establish a program for the electronic submission and storage of documents relating to the registration and title of vehicles; prescribing the requirements of the program; authorizing the department to charge a fee for participation in the program; revising related provisions governing registration; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in sections 2, 3 and 4 of this act, unless the context otherwise requires, document means an application, notice, report, statement or other record relating to the issuance or renewal of a certificate of registration, or the issuance of a certificate of ownership pursuant to this chapter by financial institutions, new vehicle dealers and used vehicle dealers on behalf of their customers.
Sec. 3. 1. The department may establish a program for the electronic submission and storage of documents.
2. If the department establishes a program pursuant to subsection 1:
κ2001 Statutes of Nevada, Page 2779 (CHAPTER 559, SB 524)κ
(a) An electronic submission or storage of documents that is carried out pursuant to the program with respect to a particular transaction is not valid unless all original documents required for the transaction pursuant to:
(1) The provisions of 49 U.S.C. §§ 32701 et seq.; and
(2) The provisions of any regulations adopted pursuant thereto,
have been executed and submitted to the department.
(b) The department shall adopt regulations to carry out the program.
3. The regulations required to be adopted pursuant to paragraph (b) of subsection 2 must include, without limitation:
(a) The type of electronic transmission that the department will accept for the program.
(b) The process for submission of an application by a person who desires to participate in the program and the fee, if any, that must accompany the application for participation.
(c) The criteria that will be applied by the department in determining whether to approve an application to participate in the program.
(d) The standards for ensuring the security and integrity of the process for issuance and renewal of a certificate of registration, certificate of ownership and certificate of title, including, without limitation, the procedure for a financial and performance audit of the program.
(e) The terms and conditions for participation in the program and any restrictions on the participation.
(f) The contents of a written agreement that must be on file with the department pursuant to subsection 2 of section 4 of this act before a participant may submit a document by electronic means to the department. Such written agreement must include, without limitation:
(1) An assurance that each document submitted by electronic means contains all the information that is necessary to complete the transaction for which the document is submitted;
(2) Certification that all the information contained in each document that is submitted by electronic means is truthful and accurate;
(3) An assurance that the participant who submits a document by electronic means will maintain all information and records that are necessary to support the document; and
(4) The signature of the participant who files the written agreement with the department.
(g) The conditions under which the department may revoke the approval of a person to participate in the program, including, without limitation, failure to comply with this section and section 4 of this act and the regulations adopted pursuant thereto.
(h) The method by which the department will store documents that are submitted to it by electronic means.
(i) The required technology that is necessary to carry out the program.
(j) Any other regulations that the department determines necessary to carry out the program.
(k) Procedures to ensure compliance with:
(1) The provisions of 49 U.S.C. §§ 32701 et seq.; and
(2) The provisions of any regulations adopted pursuant thereto,to the extent that such provisions relate to the submission and retention of documents used for the transfer of the ownership of vehicles.
κ2001 Statutes of Nevada, Page 2780 (CHAPTER 559, SB 524)κ
to the extent that such provisions relate to the submission and retention of documents used for the transfer of the ownership of vehicles.
4. The department may accept gifts and grants from any source, including, without limitation, donations of materials, equipment and labor, for the establishment and maintenance of a program pursuant to this section.
Sec. 4. 1. If the department approves an application for a person to participate in a program established pursuant to section 3 of this act, that participant may submit, by electronic means, a document that is required to be submitted pursuant to this chapter for the issuance or renewal of a certificate of registration, certificate of ownership or certificate of title.
2. If the signature of a natural person is required pursuant to this chapter on a document that is submitted by electronic means, the department may waive that requirement if the participant who submitted the document on behalf of that person complies with all requirements of this program.
3. Notwithstanding any other provision of law to the contrary, a document that is submitted by electronic means pursuant to subsection 1, if accepted by the department, shall be deemed an original document in administrative proceedings, quasi-judicial proceedings and judicial proceedings.
Sec. 5. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal of registration, must be made as provided in this section.
2. [Applications] Except as otherwise provided in section 4 of this act, applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department or to a registered dealer.
3. Each application must be made upon the appropriate form furnished by the department and contain:
(a) The signature of the owner [.] , except as otherwise provided in subsection 2 of section 4 of this act, if applicable.
(b) His residential address.
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the governmental services tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.
(e) Proof satisfactory to the department or registered dealer that the applicant has provided the insurance required by NRS 485.185 and , except as otherwise provided in this paragraph, his signed declaration that he will maintain the insurance during the period of registration. If the application is submitted by electronic means pursuant to section 4 of this act, the applicant is not required to sign the declaration required by this paragraph.
(f) If the insurance is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:
κ2001 Statutes of Nevada, Page 2781 (CHAPTER 559, SB 524)κ
(1) A certificate of insurance on a form approved by the commissioner of insurance; or
(2) A card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185.
The department may file that evidence, return it to the applicant or otherwise dispose of it.
(g) If required, evidence of the applicants compliance with controls over emission.
4. The application must contain such other information as is required by the department or registered dealer, and must be accompanied by proof of ownership satisfactory to the department.
5. For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:
(a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.
(b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.
(c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.
(d) A person who qualifies for an operators policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.
Sec. 6. NRS 482.280 is hereby amended to read as follows:
482.280 1. The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present or submit the application to any agent or office of the department.
2. An application [mailed] :
(a) Mailed or presented to the department or to a county assessor pursuant to the provisions of this section [, or presented] ;
(b) Submitted to the department pursuant to section 4 of this act; or
(c) Presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281 ,
must include, if required, evidence of compliance with standards for control of emissions.
κ2001 Statutes of Nevada, Page 2782 (CHAPTER 559, SB 524)κ
3. The department shall insert in each application mailed pursuant to subsection 1:
(a) The amount of the governmental services tax to be collected for the county pursuant to the provisions of NRS 482.260.
(b) The amount set forth in a notice of nonpayment filed with the department by a local authority pursuant to NRS 484.444.
(c) A statement which informs the applicant that, pursuant to NRS 485.185, he is legally required to maintain insurance during the period in which the motor vehicle is registered.
4. An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.
Sec. 7. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.
2. The holder of the original registration may transfer the registration to another vehicle to be registered by him and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he is transferring his ownership or interest. [Application] Except as otherwise provided in section 4 of this act, an application for transfer of registration must be made in person, if practicable, to any office or agent of the department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete. In computing the governmental services tax, the department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers his ownership or interest in two or more vehicles, the department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers his ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.
3. In computing the registration fee, the department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.
κ2001 Statutes of Nevada, Page 2783 (CHAPTER 559, SB 524)κ
registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred. If the amount owed on the registration fee or governmental services tax on that vehicle is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers his ownership or interest, the department shall issue to the person a refund in an amount equal to the difference between the amount owed on the registration fee or governmental services tax on that vehicle and the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers his ownership or interest.
4. If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the department or registered dealer and an appropriate plate or plates must be issued by the department. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
5. If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the department on or before the 60th day for cancellation of the registration.
6. If a person cancels his registration and surrenders to the department his license plates for a vehicle, the department shall issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.
Sec. 8. 1. This section and sections 1 to 4, inclusive, of this act become effective on July 1, 2001.
2. Sections 5, 6 and 7 of this act become effective at 12:01 a.m. on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 2784κ
Senate Bill No. 551Committee on Judiciary
CHAPTER 560
AN ACT relating to crimes; requiring a provider of Internet service to provide access to certain information; authorizing certain persons to issue subpoenas to obtain such information; establishing a penalty for committing the crime of stalking with the use of the Internet or electronic mail; prohibiting the use or attempted use of a computer, network or system to lure children under certain circumstances and providing that such an offense constitutes a sexual offense for the purpose of certain statutes pertaining to sex offenders; making various changes concerning the sale of tobacco products or alcoholic beverages to minors through the use of the Internet; increasing the penalty for certain unlawful uses of encryption; making various changes concerning the crime of annoying or molesting a minor; requiring that certain conditions of probation and parole be imposed upon certain offenders; providing penalties; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A provider of Internet service who violates the provisions of 18 U.S.C. § 2703, as that section existed on the effective date of this act, is guilty of a misdemeanor and shall be punished by a fine of not less than $50 or more than $500 for each violation.
2. In investigating criminal activity that involves or may involve the use of a computer, the attorney general, a district attorney, the sheriff of any county in this state, the head of any organized police department of any municipality in this state, the head of any department of this state engaged in the enforcement of any criminal law of this state and any sheriff or chief of police of a municipality may, if there is reasonable cause to believe that an individual subscriber or customer of a provider of Internet service has committed an offense through the use of the services of the provider of Internet service that is punishable as a felony, issue a subpoena to carry out the procedure set forth in 18 U.S.C. § 2703, as that section existed on the effective date of this act, to compel the provider of Internet service to provide information concerning the individual subscriber or customer that the provider of Internet service is required to disclose pursuant to 18 U.S.C. § 2703, as that section existed on the effective date of this act.
3. If a person who has been issued a subpoena pursuant to subsection 2 refuses to produce any information that the subpoena requires, the person who issued the subpoena may apply to the district court for the judicial district in which the investigation is being carried out for the enforcement of the subpoena in the manner provided by law for the enforcement of a subpoena in a civil action.
4. As used in this section, provider of Internet service has the meaning ascribed to it in NRS 205.4758, but does not include a public library when it is engaged in providing access to the Internet.
κ2001 Statutes of Nevada, Page 2785 (CHAPTER 560, SB 551)κ
Sec. 2. NRS 200.571 is hereby amended to read as follows:
200.571 1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to any other person;
(2) To cause physical damage to the property of another person;
(3) To subject the person threatened or any other person to physical confinement or restraint; or
(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his physical or mental health or safety; and
(b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.
2. Except where the provisions of subsection 2 or 3 of NRS 200.575 are applicable, a person who is guilty of harassment:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guilty of a gross misdemeanor.
3. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
Sec. 3. NRS 200.575 is hereby amended to read as follows:
200.575 1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking. Except where the provisions of subsection 2 or 3 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who:
(a) Commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm;
(b) Commits the crime of stalking on his spouse while a proceeding for the dissolution of their marriage is pending for which he has actual or legal notice or within 6 months after entry of the final decree of dissolution; or
(c) Commits the crime of stalking on a person with whom he has a child in common while a proceeding for the custody of that child is pending for which he has actual or legal notice,
commits the crime of aggravated stalking.
3. A person who commits the crime of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.
4. A person who commits the crime of aggravated stalking shall be punished:
(a) If he commits the crime set forth in paragraph (a) of subsection 2, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
κ2001 Statutes of Nevada, Page 2786 (CHAPTER 560, SB 551)κ
(b) If he commits the crime set forth in paragraph (b) or (c) of subsection 2:
(1) For the first offense, for a gross misdemeanor.
(2) For the second and any subsequent offense, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
[4.] 5. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
[5.] 6. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
[6.] 7. As used in this section:
(a) Course of conduct means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.
(b) Internet or network site means any identifiable site on the Internet or on a network. The term includes, without limitation:
(1) A website or other similar site on the World Wide Web;
(2) A site that is identifiable through a Uniform Resource Location;
(3) A site on a network that is owned, operated, administered or controlled by a provider of Internet service;
(4) An electronic bulletin board;
(5) A list server;
(6) A newsgroup; or
(7) A chat room.
(c) Network has the meaning ascribed to it in NRS 205.4745.
(d) Provider of Internet service has the meaning ascribed to it in NRS 205.4758.
(e) Without lawful authority includes acts which are initiated or continued without the victims consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the normal course of his lawful employment.
(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
Sec. 4. Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a person shall not use a computer, system or network to knowingly contact or communicate with or attempt to contact or communicate with a child who is less than 16 years of age and who is at least 5 years younger than the person with the intent to persuade, lure or transport the child away from his home or from any location known to his parent or guardian or other person legally responsible for the child to a place other than where the child is located, for any purpose:
κ2001 Statutes of Nevada, Page 2787 (CHAPTER 560, SB 551)κ
of age and who is at least 5 years younger than the person with the intent to persuade, lure or transport the child away from his home or from any location known to his parent or guardian or other person legally responsible for the child to a place other than where the child is located, for any purpose:
(a) Without the express consent of the parent or guardian or other person legally responsible for the child; and
(b) With the intent to avoid the consent of the parent or guardian or other person legally responsible for the child.
2. The provisions of this section do not apply if the contact or communication is made or attempted with the intent to prevent imminent bodily, emotional or psychological harm to the child.
3. A person who violates or attempts to violate the provisions of this section:
(a) With the intent to engage in sexual conduct with the child or to cause the child to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000;
(b) By providing the child with obscene material or requesting the child to provide the person with obscene material, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or
(c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.
4. As used in this section:
(a) Computer has the meaning ascribed to it in NRS 205.4735.
(b) Material means anything that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.
(c) Network has the meaning ascribed to it in NRS 205.4745.
(d) Obscene has the meaning ascribed to it in NRS 201.235.
(e) Sexual conduct has the meaning ascribed to it in NRS 201.520.
(f) System has the meaning ascribed to it in NRS 205.476.
Sec. 5. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description or products made from tobacco to a child under the age of 18 years through the use of the Internet.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. Any money recovered pursuant to this section as a civil penalty must be deposited in the same manner as money is deposited pursuant to subsection 6 of NRS 202.2493.
3. Every person who sells or distributes cigarettes, cigarette paper, tobacco of any description or products made from tobacco through the use of the Internet shall adopt a policy to prevent a child under the age of 18 years from obtaining cigarettes, cigarette paper, tobacco of any description or products made from tobacco from the person through the use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers such items obtains the signature of a person who is over the age of 18 years when delivering the items, that the packaging or wrapping of the items when they are shipped is clearly marked with the word cigarettes or the words tobacco products, and that the person complies with the provisions of 15 U.S.C. § 376.
κ2001 Statutes of Nevada, Page 2788 (CHAPTER 560, SB 551)κ
marked with the word cigarettes or the words tobacco products, and that the person complies with the provisions of 15 U.S.C. § 376. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
Sec. 6. NRS 202.055 is hereby amended to read as follows:
202.055 1. Every person who knowingly:
(a) Sells, gives or otherwise furnishes an alcoholic beverage to any person under 21 years of age;
(b) Leaves or deposits any alcoholic beverage in any place with the intent that it will be procured by any person under 21 years of age; or
(c) Furnishes, gives, or causes to be given any money or thing of value to any person under 21 years of age with the knowledge that the money or thing of value is to be used by the person under 21 years of age to purchase or procure any alcoholic beverage,
is guilty of a misdemeanor.
2. Paragraph (a) of subsection 1 does not apply to a parent, guardian or physician of the person under 21 years of age.
3. Every person who sells, gives or otherwise furnishes alcoholic beverages through the use of the Internet shall adopt a policy to prevent a person under 21 years of age from obtaining an alcoholic beverage from the person through the use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers the alcoholic beverages obtains the signature of a person who is over the age of 21 years when delivering the beverages and that the packaging or wrapping of the alcoholic beverages when they are shipped is clearly marked with words that describe the alcoholic beverages. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
Sec. 7. NRS 202.2485 is hereby amended to read as follows:
202.2485 As used in NRS 202.2485 to 202.2497, inclusive [:] , and section 5 of this act:
1. Distribute includes furnishing, giving away or providing products made from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.
2. Health authority means the district health officer in a district, or his designee, or, if none, the state health officer, or his designee.
Sec. 8. NRS 202.249 is hereby amended to read as follows:
202.249 1. It is the public policy of the State of Nevada and the purpose of NRS 202.2491, 202.24915 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.
2. The quality of air is declared to be affected with the public interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
3. Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491, 202.24915 and 202.2492. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493 and 202.2494 [.] and section 5 of this act.
κ2001 Statutes of Nevada, Page 2789 (CHAPTER 560, SB 551)κ
4. An agency, board, commission or political subdivision of this state, including any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493 and 202.2494 [.] and section 5 of this act.
Sec. 9. NRS 205.486 is hereby amended to read as follows:
205.486 1. A person shall not willfully use or attempt to use encryption, directly or indirectly, to:
(a) Commit, facilitate, further or promote any criminal offense;
(b) Aid, assist or encourage another person to commit any criminal offense;
(c) Conceal the commission of any criminal offense;
(d) Conceal or protect the identity of a person who has committed any criminal offense; or
(e) Delay, hinder or obstruct the administration of the law.
2. A person who violates any provision of this section:
(a) Is guilty of a gross misdemeanor [; and] , unless the encryption was used or attempted to be used to commit a crime for which a greater penalty is provided by specific statute. If the encryption was used or attempted to be used to commit a crime for which a greater penalty is provided by specific statute, the person shall be punished as prescribed by statute for that crime.
(b) Commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted pursuant to this section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this section.
Sec. 10. NRS 207.260 is hereby amended to read as follows:
207.260 [A]
1. Unless a greater penalty is provided by specific statute, a person who annoys or molests or attempts to annoy or molest a minor , including, without limitation, soliciting a minor to engage in unlawful sexual conduct, is guilty of :
(a) For the first offense, a misdemeanor.
(b) For the second and each subsequent offense , [he is guilty of] a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
2. For the purposes of this section, soliciting includes, without limitation, contacting a person directly, through the use of a telephone, in writing, through the use of a computer or through an advertisement.
3. As used in this section:
(a) Computer has the meaning ascribed to it in NRS 205.4735.
(b) Sexual conduct has the meaning ascribed to it in NRS 200.700.
Sec. 11. NRS 176.0931 is hereby amended to read as follows:
176.0931 1. If a defendant is convicted of a sexual offense, the court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision.
2. The special sentence of lifetime supervision commences after any period of probation or any term of imprisonment and any period of release on parole.
κ2001 Statutes of Nevada, Page 2790 (CHAPTER 560, SB 551)κ
3. A person sentenced to lifetime supervision may petition the district court in whose jurisdiction he resides for release from lifetime supervision. The court shall grant a petition for release from a special sentence of lifetime supervision if:
(a) The person has not been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 15 consecutive years after his last conviction or release from incarceration, whichever occurs later; and
(b) The person is not likely to pose a threat to the safety of others if released from lifetime supervision.
4. A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless he is otherwise relieved from the operation of those provisions pursuant to the provisions of NRS 179D.350 to 179D.800, inclusive.
5. As used in this section:
(a) Offense that poses a threat to the safety or well-being of others has the meaning ascribed to it in NRS 179D.060.
(b) Sexual offense means:
(1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450 [;] or paragraph (a) or (b) of subsection 3 of section 4 of this act;
(2) An attempt to commit an offense listed in subparagraph (1); or
(3) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
Sec. 12. NRS 176.133 is hereby amended to read as follows:
176.133 As used in NRS 176.133 to 176.159, inclusive, unless the context otherwise requires:
1. Person professionally qualified to conduct psychosexual evaluations means a person who has received training in conducting psychosexual evaluations and is:
(a) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology;
(b) A psychologist licensed to practice in this state;
(c) A social worker holding a masters degree in social work and licensed in this state as a clinical social worker;
(d) A registered nurse holding a masters degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or
(e) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.
2. Psychosexual evaluation means an evaluation conducted pursuant to NRS 176.139.
3. Sexual offense means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;
κ2001 Statutes of Nevada, Page 2791 (CHAPTER 560, SB 551)κ
(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(f) Incest pursuant to NRS 201.180;
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;
(h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;
(i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
(j) Lewdness with a child pursuant to NRS 201.230;
(k) Sexual penetration of a dead human body pursuant to NRS 201.450;
(l) Luring a child using a computer, system or network pursuant to section 4 of this act, if punished as a felony;
(m) Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony;
[(m)] (n) An attempt to commit an offense listed in paragraphs (a) to [(l),] (m), inclusive, if punished as a felony; or
[(n)] (o) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
Sec. 13. Chapter 176A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if a defendant is convicted of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child using a computer, system or network pursuant to paragraph (a) or (b) of subsection 3 of section 4 of this act and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
2. The court is not required to impose a condition of probation or suspension of sentence set forth in subsection 1 if the court finds that:
(a) The use of a computer by the defendant will assist a law enforcement agency or officer in a criminal investigation;
(b) The defendant will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or
(c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge of the defendant that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
4. As used in this section:
κ2001 Statutes of Nevada, Page 2792 (CHAPTER 560, SB 551)κ
(a) Computer has the meaning ascribed to it in NRS 205.4735.
(b) Network has the meaning ascribed to it in NRS 205.4745.
(c) System has the meaning ascribed to it in NRS 205.476.
Sec. 14. NRS 176A.110 is hereby amended to read as follows:
176A.110 1. The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless a psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state certifies that the person is not a menace to the health, safety or morals of others.
2. This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to consider a person for certification pursuant to this section.
3. The provisions of this section apply to a person convicted of any of the following offenses:
(a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) Luring a child using a computer, system or network pursuant to section 4 of this act, if punished as a felony.
(m) A violation of NRS 207.180.
[(m)] (n) An attempt to commit an offense listed in paragraphs (b) to [(l),] (m), inclusive.
[(n)] (o) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
Sec. 15. NRS 178.5698 is hereby amended to read as follows:
178.5698 1. The prosecuting attorney, sheriff or chief of police shall, upon the written request of a victim or witness, inform him:
(a) When the defendant is released from custody at any time before or during the trial;
(b) If the defendant is so released, the amount of bail required, if any; and
(c) Of the final disposition of the criminal case in which he was directly involved.
2. If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:
(a) To each witness, documentation that includes:
(1) A form advising the witness of the right to be notified pursuant to subsection 4;
(2) The form that the witness must use to request notification; and
κ2001 Statutes of Nevada, Page 2793 (CHAPTER 560, SB 551)κ
(3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.
(b) To each person listed in subsection 3, documentation that includes:
(1) A form advising the person of the right to be notified pursuant to subsection 4 or 5 and NRS 176.015, 176A.630, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.130;
(2) The forms that the person must use to request notification; and
(3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.
3. The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 2:
(a) A person against whom the offense is committed.
(b) A person who is injured as a direct result of the commission of the offense.
(c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.
(d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.
(e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.
4. Except as otherwise provided in subsection 5, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides his current address, notify him at that address when the offender is released from the prison.
5. If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 2 of NRS 200.508, the warden of the prison shall notify:
(a) The immediate family of the victim if the immediate family provides their current address;
(b) Any member of the victims family related within the third degree of consanguinity, if the member of the victims family so requests in writing and provides his current address; and
(c) The victim, if he will be 18 years of age or older at the time of the release and has provided his current address,
before the offender is released from prison.
6. The warden must not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to this section if no address was provided to him or if the address provided is inaccurate or not current.
7. As used in this section:
(a) Immediate family means any adult relative of the victim living in the victims household.
(b) Sexual offense means:
(1) Sexual assault pursuant to NRS 200.366;
(2) Statutory sexual seduction pursuant to NRS 200.368;
(3) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(5) Incest pursuant to NRS 201.180;
(6) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
κ2001 Statutes of Nevada, Page 2794 (CHAPTER 560, SB 551)κ
(7) Open or gross lewdness pursuant to NRS 201.210;
(8) Indecent or obscene exposure pursuant to NRS 201.220;
(9) Lewdness with a child pursuant to NRS 201.230;
(10) Sexual penetration of a dead human body pursuant to NRS 201.450;
(11) Luring a child using a computer, system or network pursuant to section 4 of this act, if punished as a felony;
(12) Annoyance or molestation of a minor pursuant to NRS 207.260;
[(12)] (13) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or
[(13)] (14) An attempt to commit an offense listed in this paragraph.
Sec. 16. NRS 179.460 is hereby amended to read as follows:
179.460 1. The attorney general or the district attorney of any county may apply to a supreme court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire or oral communications, and the judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the interception of wire or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, destruction of public property by explosives, a sexual offense against a child or the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS.
2. A good faith reliance by a public utility on a court order shall constitute a complete defense to any civil or criminal action brought against the public utility on account of any interception made pursuant to the order.
3. As used in this section, sexual offense against a child includes any act upon a child constituting:
(a) Incest pursuant to NRS 201.180;
(b) Lewdness with a child pursuant to NRS 201.230;
(c) Annoyance or molestation of a child pursuant to NRS 207.260;
(d) Sado-masochistic abuse pursuant to NRS 201.262;
(e) Sexual assault pursuant to NRS 200.366;
(f) Statutory sexual seduction pursuant to NRS 200.368; [or]
(g) Open or gross lewdness pursuant to NRS 201.210 [.] ; or
(h) Luring a child using a computer, system or network pursuant to section 4 of this act, if punished as a felony.
Sec. 17. NRS 179A.073 is hereby amended to read as follows:
179A.073 1. Sexual offense includes acts upon a child constituting:
(a) Sexual assault under NRS 200.366;
(b) Statutory sexual seduction under NRS 200.368;
(c) Use of a minor in producing pornography under NRS 200.710;
(d) Promotion of a sexual performance of a minor under NRS 200.720;
(e) Possession of a visual presentation depicting the sexual conduct of a child under NRS 200.730;
(f) Incest under NRS 201.180;
(g) Solicitation of a minor to engage in the infamous crime against nature under NRS 201.195;
(h) Lewdness with a child under NRS 201.230; [or]
(i) Luring a child using a computer, system or network pursuant to section 4 of this act, if punished as a felony; or
κ2001 Statutes of Nevada, Page 2795 (CHAPTER 560, SB 551)κ
(j) Annoyance or molestation of a minor under NRS 207.260.
2. Sexual offense also includes acts committed outside the state that would constitute any of the offenses in subsection 1 if committed in the state, and the aiding, abetting, attempting or conspiring to engage in any of the offenses in subsection 1.
Sec. 18. NRS 179A.280 is hereby amended to read as follows:
179A.280 As used in this section and NRS 179A.270 [, 179A.280] and 179A.290:
1. Juvenile sex offender means a child adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense.
2. Sexual offense means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(e) Incest pursuant to NRS 201.180;
(f) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
(g) Open or gross lewdness pursuant to NRS 201.210;
(h) Indecent or obscene exposure pursuant to NRS 201.220;
(i) Lewdness with a child pursuant to NRS 201.230;
(j) Sexual penetration of a dead human body pursuant to NRS 201.450;
(k) Luring a child using a computer, system or network pursuant to section 4 of this act, if punished as a felony;
(l) Annoyance or molestation of a minor pursuant to NRS 207.260;
[(l)] (m) An attempt to commit an offense listed in paragraphs (a) to [(k), inclusive;
(m)] (l), inclusive;
(n) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or
[(n)] (o) An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this subsection.
Sec. 19. NRS 179D.035 is hereby amended to read as follows:
179D.035 Convicted includes, but is not limited to, an adjudication of delinquency or a finding of guilt by a court having jurisdiction over juveniles if the adjudication of delinquency or the finding of guilt is for the commission of any of the following offenses:
1. A crime against a child that is listed in subsection 6 of NRS 179D.210.
2. A sexual offense that is listed in subsection [19] 20 of NRS 179D.410.
3. A sexual offense that is listed in paragraph (b) of subsection 3 of NRS 62.600.
Sec. 20. NRS 179D.400 is hereby amended to read as follows:
179D.400 1. Sex offender means a person who, after July 1, 1956, is or has been:
(a) Convicted of a sexual offense listed in NRS 179D.410; or
(b) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subsection [19] 20 of NRS 179D.410.
κ2001 Statutes of Nevada, Page 2796 (CHAPTER 560, SB 551)κ
2. The term includes, but is not limited to:
(a) A sexually violent predator.
(b) A nonresident sex offender who is a student or worker within this state.
Sec. 21. NRS 179D.410 is hereby amended to read as follows:
179D.410 Sexual offense means any of the following offenses:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
2. Sexual assault pursuant to NRS 200.366.
3. Statutory sexual seduction pursuant to NRS 200.368.
4. Battery with intent to commit sexual assault pursuant to NRS 200.400.
5. An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section.
6. An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section.
7. Abuse of a child pursuant NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
8. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
9. Incest pursuant to NRS 201.180.
10. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
11. Open or gross lewdness pursuant to NRS 201.210.
12. Indecent or obscene exposure pursuant to NRS 201.220.
13. Lewdness with a child pursuant to NRS 201.230.
14. Sexual penetration of a dead human body pursuant to NRS 201.450.
15. Luring a child using a computer, system or network pursuant to section 4 of this act, if punished as a felony.
16. Annoyance or molestation of a minor pursuant to NRS 207.260.
[16.] 17. An attempt to commit an offense listed in subsections 1 to [15,] 16, inclusive.
[17.] 18. An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
[18.] 19. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
[19.] 20. An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:
κ2001 Statutes of Nevada, Page 2797 (CHAPTER 560, SB 551)κ
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
(c) A court having jurisdiction over juveniles.
Sec. 22. NRS 179D.610 is hereby amended to read as follows:
179D.610 1. Sex offender means a person who, after July 1, 1956, is or has been:
(a) Convicted of a sexual offense listed in NRS 179D.620; or
(b) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subsection [19] 20 of NRS 179D.620.
2. The term includes, but is not limited to:
(a) A sexually violent predator.
(b) A nonresident sex offender who is a student or worker within this state.
Sec. 23. NRS 179D.620 is hereby amended to read as follows:
179D.620 Sexual offense means any of the following offenses:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
2. Sexual assault pursuant to NRS 200.366.
3. Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony.
4. Battery with intent to commit sexual assault pursuant to NRS 200.400.
5. An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section.
6. An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section.
7. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony.
8. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
9. Incest pursuant to NRS 201.180.
10. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony.
11. Open or gross lewdness pursuant to NRS 201.210, if punished as a felony.
12. Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony.
13. Lewdness with a child pursuant to NRS 201.230.
14. Sexual penetration of a dead human body pursuant to NRS 201.450.
15. Luring a child using a computer, system or network pursuant to section 4 of this act, if punished as a felony.
16. Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony.
[16.] 17. An attempt to commit an offense listed in subsections 1 to [15,] 16, inclusive, if punished as a felony.
[17.] 18. An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
κ2001 Statutes of Nevada, Page 2798 (CHAPTER 560, SB 551)κ
[18.] 19. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
[19.] 20. An offense of a sexual nature committed in another jurisdiction and punished as a felony, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
(c) A court having jurisdiction over juveniles.
Sec. 24. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if the board releases on parole a prisoner convicted of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child using a computer, system or network pursuant to paragraph (a) or (b) of subsection 3 of section 4 of this act, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
2. The board is not required to impose a condition of parole set forth in subsection 1 if the board finds that:
(a) The use of a computer by the parolee will assist a law enforcement agency or officer in a criminal investigation;
(b) The parolee will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or
(c) The use of the computer by the parolee will assist companies that require the use of the specific technological knowledge of the parolee that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if the board releases on parole a prisoner convicted of an offense that involved the use of a computer, system or network, the board may, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
4. As used in this section:
(a) Computer has the meaning ascribed to it in NRS 205.4735.
(b) Network has the meaning ascribed to it in NRS 205.4745.
(c) System has the meaning ascribed to it in NRS 205.476.
Sec. 25. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 24 of this act, unless the context otherwise requires:
1. Board means the state board of parole commissioners.
2. Chief means the chief parole and probation officer.
κ2001 Statutes of Nevada, Page 2799 (CHAPTER 560, SB 551)κ
3. Division means the division of parole and probation of the department of motor vehicles and public safety.
4. Residential confinement means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. Sex offender means any person who has been or is convicted of a sexual offense.
6. Sexual offense means:
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450 [;] or paragraph (a) or (b) of subsection 3 of section 4 of this act;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
7. Standards means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.
Sec. 26. NRS 213.1214 is hereby amended to read as follows:
213.1214 1. The board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:
(a) The administrator of the division of mental health and developmental services of the department of human resources or his designee;
(b) The director of the department of prisons or his designee; and
(c) A psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state,
certifies that the prisoner was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
2. A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the department of prisons may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.
3. The panel may revoke the certification of a prisoner certified pursuant to subsection 1 at any time.
4. This section does not create a right in any prisoner to be certified or continue to be certified. No prisoner may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a prisoner before a panel for certification pursuant to this section.
5. The provisions of this section apply to a prisoner convicted of any of the following offenses:
(a) Sexual assault pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
κ2001 Statutes of Nevada, Page 2800 (CHAPTER 560, SB 551)κ
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) Luring a child using a computer, system or network pursuant to section 4 of this act, if punished as a felony.
(m) An attempt to commit an offense listed in paragraphs (a) to [(l), inclusive.
(m)] (m), inclusive.
(n) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
Sec. 27. NRS 213.1255 is hereby amended to read as follows:
213.1255 1. In addition to any conditions of parole required to be imposed pursuant to NRS 213.1245, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 2 against a child under the age of 14 years, the board shall, when appropriate:
(a) Require the parolee to participate in psychological counseling;
(b) Prohibit the parolee from being alone with a child unless another adult who has never been convicted of a sexual offense is present; and
(c) Prohibit the parolee from being on or near the grounds of any place that is primarily designed for use by or for children, including, without limitation, a public or private school, a center or facility that provides day care services, a video arcade and an amusement park.
2. The provisions of subsection 1 apply to a prisoner who was convicted of:
(a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS 200.366;
(b) Abuse or neglect of a child pursuant to paragraph (a) of subsection 2 of NRS 200.508;
(c) An offense punishable pursuant to subsection 2 of NRS 200.750;
(d) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 201.195;
(e) Lewdness with a child pursuant to NRS 201.230; [or]
(f) Luring a child using a computer, system or network pursuant to section 4 of this act, if punished as a felony; or
(g) Any combination of the crimes listed in paragraphs (a) to [(e),] (f), inclusive.
Sec. 28. Section 2 of Assembly Bill No. 400 of this session is hereby amended to read as follows:
Sec. 2. NRS 200.575 is hereby amended to read as follows:
200.575 1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking. Except where the provisions of subsection 2 or 3 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who [:
κ2001 Statutes of Nevada, Page 2801 (CHAPTER 560, SB 551)κ
(a) Commits] commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm [;
(b) Commits the crime of stalking on his spouse while a proceeding for the dissolution of their marriage is pending for which he has actual or legal notice or within 6 months after entry of the final decree of dissolution; or
(c) Commits the crime of stalking on a person with whom he has a child in common while a proceeding for the custody of that child is pending for which he has actual or legal notice,] commits the crime of aggravated stalking.
[3. A person who commits the crime of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.
4.] A person who commits the crime of aggravated stalking shall be punished [:
(a) If he commits the crime set forth in paragraph (a) of subsection 2,] for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
[(b) If he commits the crime set forth in paragraph (b) or (c) of subsection 2:
(1) For the first offense, for a gross misdemeanor.
(2) For the second and any subsequent offense, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
5.] 3. A person who commits the crime of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.
4. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
[6.] 5. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
[7.] 6. As used in this section:
(a) Course of conduct means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.
(b) Internet or network site means any identifiable site on the Internet or on a network. The term includes, without limitation:
(1) A website or other similar site on the World Wide Web;
(2) A site that is identifiable through a Uniform Resource Location;
κ2001 Statutes of Nevada, Page 2802 (CHAPTER 560, SB 551)κ
(3) A site on a network that is owned, operated, administered or controlled by a provider of Internet service;
(4) An electronic bulletin board;
(5) A list server;
(6) A newsgroup; or
(7) A chat room.
(c) Network has the meaning ascribed to it in NRS 205.4745.
(d) Provider of Internet service has the meaning ascribed to it in NRS 205.4748.
(e) Without lawful authority includes acts which are initiated or continued without the victims consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the normal course of his lawful employment.
(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
Sec. 29. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 30. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2803κ
Senate Bill No. 554Committee on Government Affairs
CHAPTER 561
AN ACT relating to land use planning; requiring the governing body of each county and city to adopt an ordinance providing for the appeal of certain land use decisions to the governing body; providing for an appeal of such decisions by the governing body to the district court; authorizing the governing body of a county or city to adopt an alternative procedure allowing certain decisions of a board of adjustment to be appealed directly to the district court; raising the maximum compensation that a governing body may provide to its planning commission for each meeting of the planning commission; authorizing certain attested copies of a master plan to be certified by electronic means; modifying the period within which certain entities must take action on a tentative map, parcel map or final map; revising provisions regarding the presentation of a series of final maps for a subdivision; and providing other matters properly relating thereto.
[Approved: June 13, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 278.310, each governing body shall adopt an ordinance providing that any person who is aggrieved by a decision of:
(a) The planning commission, if the governing body has created a planning commission pursuant to NRS 278.030;
(b) The board of adjustment, if the governing body has created a board of adjustment pursuant to NRS 278.270;
(c) A hearing examiner, if the governing body has appointed a hearing examiner pursuant to NRS 278.262; or
(d) Any other person appointed or employed by the governing body who is authorized to make administrative decisions regarding the use of land,
may appeal the decision to the governing body.
2. Except as otherwise provided in NRS 278.310, an ordinance adopted pursuant to subsection 1 must set forth, without limitation:
(a) The period within which an appeal must be filed with the governing body.
(b) The procedures pursuant to which the governing body will hear the appeal.
(c) That the governing body may affirm, modify or reverse a decision.
(d) The period within which the governing body must render its decision except that:
(1) In a county whose population is 400,000 or more, that period must not exceed 45 days.
(2) In a county whose population is less than 400,000, that period must not exceed 60 days.
(e) That the decision of the governing body is a final decision for the purpose of judicial review.
κ2001 Statutes of Nevada, Page 2804 (CHAPTER 561, SB 554)κ
(f) That, in reviewing a decision, the governing body will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS 278.020.
(g) That the governing body may charge the appellant a fee for the filing of an appeal.
3. Any person who:
(a) Has appealed a decision to the governing body in accordance with an ordinance adopted pursuant to subsection 1; and
(b) Is aggrieved by the decision of the governing body,
may appeal that decision to the district court of the proper county by filing a petition for judicial review within 25 days after the date of filing of notice of the decision with the clerk or secretary of the governing body, as set forth in NRS 278.0235.
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 278.040 is hereby amended to read as follows:
278.040 1. The members of the planning commission are appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The members must not be members of the governing body of the city or county. The majority of the members of the county planning commission in any county whose population is 400,000 or more must reside within the unincorporated area of the county.
2. In Carson City, the members of the planning commission established as provided in NRS 278.030 are appointed by the mayor from the city at large, with the approval of the board of supervisors.
3. The governing body may provide for compensation to its planning commission in an amount of not more than [$50] $80 per meeting of the commission, with a total of not more than $400 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for other officers and employees of the county or city.
4. Except as otherwise provided in this subsection, the term of each member is 4 years, or until his successor takes office. If applicable, the term of each member of a county or city planning commission in any county whose population is 400,000 or more is coterminous with the term of the member of the governing body who recommended his appointment to the appointing authority. If the recommending member resigns his office before the expiration of his term, the corresponding member of the planning commission may continue to serve until the office is next filled by election. If the office of the recommending member becomes vacant before the expiration of the term for any other reason, the corresponding member of the planning commission may continue to serve for the duration of the original term.
5. Members may be removed, after public hearing, by a majority vote of the governing body for just cause.
6. Vacancies occurring otherwise than through the expiration of term must be filled for the unexpired term.
κ2001 Statutes of Nevada, Page 2805 (CHAPTER 561, SB 554)κ
Sec. 4. NRS 278.210 is hereby amended to read as follows:
278.210 1. Before adopting the master plan or any part of it, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which [shall] must be given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the day of the hearing.
2. The adoption of the master plan, or of any amendment, extension or addition thereof, [shall] must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution [shall] must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken [shall] must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.
3. No plan or map, hereafter, [shall] may have indicated thereon that it is a part of the master plan until it [shall have] has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension [,] or addition.
4. An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region [shall] must be certified to the governing body of [such] the city, county or region. The governing body of the city, county or region may authorize such certification by electronic means.
5. An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission [shall] must be certified to the county planning commission and to the board of county commissioners of each county within the regional district. The county planning commission and board of county commissioners may authorize such certification by electronic means.
Sec. 5. NRS 278.265 is hereby amended to read as follows:
278.265 1. Any ordinance enacted pursuant to the provisions of NRS 278.264 must provide, in substance, the same notice of hearing and conduct of hearing safeguards required by NRS 278.315 or 278.480, whichever is applicable.
2. The governing body shall, by ordinance, set forth the duties and powers of the hearing examiner, including a statement of whether the hearing examiner may take final action on any matter assigned to him by the governing body.
3. Except as otherwise provided in subsection 4, the governing body may authorize the hearing examiner to take final action on matters relating to a variance, vacation, abandonment, special use permit, conditional use permit and other special exception or application specified in the ordinance.
4. The governing body shall not authorize the hearing examiner to take final action on:
(a) Matters relating to a zoning classification, zoning district or an amendment to a zoning boundary.
(b) An application for a conditional use permit that is filed pursuant to NRS 278.147.
κ2001 Statutes of Nevada, Page 2806 (CHAPTER 561, SB 554)κ
5. An [ordinance adopted pursuant to NRS 278.264 must set forth the manner in which an] applicant or protestant may appeal any final action taken by the hearing examiner [to the governing body.] in accordance with the ordinance adopted pursuant to section 1 of this act.
Sec. 6. NRS 278.310 is hereby amended to read as follows:
278.310 1. [Appeals] Except as otherwise provided in subsection 4, appeals to the board of adjustment may be taken by:
(a) Any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of any zoning regulation or any regulation relating to the location or soundness of structures.
(b) Any officer, department, board or bureau of the city or county affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of any zoning regulations.
2. [The] Except as otherwise provided in subsection 4, the time within which an appeal must be made, and the form of other procedure relating thereto, [shall] must be as specified in the general rules provided by the governing body to govern the procedure of the board of adjustment and in the supplemental rules of procedure adopted by the board of adjustment.
3. Each governing body which has created a board of adjustment pursuant to NRS 278.270 shall adopt an ordinance providing that any person who is aggrieved by a decision of the board of adjustment regarding an appeal of an administrative decision may appeal the decision of the board of adjustment. An ordinance that a governing body is required to adopt pursuant to this subsection must either:
(a) Comply with subsection 2 of section 1 of this act, thereby requiring the aggrieved person first to appeal the decision of the board of adjustment to the governing body; or
(b) Set forth a separate procedure which allows the aggrieved person to appeal the decision of the board of adjustment directly to the district court of the proper county by filing a petition for judicial review within 25 days after the date of filing of notice of the decision with the clerk or secretary of the board of adjustment, as provided in NRS 278.0235.
4. If the governing body has not created a board of adjustment pursuant to NRS 278.270, any person aggrieved by the decision of an administrative officer or agency, as described in subsection 1, may appeal the decision in accordance with the ordinance adopted pursuant to section 1 of this act.
Sec. 7. NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.
2. A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201.
κ2001 Statutes of Nevada, Page 2807 (CHAPTER 561, SB 554)κ
within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each owner, as listed on the county assessors records, of at least 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
4. An [ordinance adopted pursuant to this section must provide an opportunity for the] applicant or a protestant [to appeal from] may appeal a decision of the board of adjustment, planning commission or hearing examiner [to the governing body.] in accordance with the ordinance adopted pursuant to section 1 of this act.
5. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to sending the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing permitted use and zoning designation of the property in question;
(b) The proposed permitted use of the property in question;
(c) The date, time and place of the public hearing; and
(d) A telephone number which may be used by interested persons to obtain additional information.
6. A sign required pursuant to subsection 5 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
κ2001 Statutes of Nevada, Page 2808 (CHAPTER 561, SB 554)κ
7. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection 5, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
8. The governing body shall remove or cause to be removed any sign required by subsection 5 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
9. The provisions of this section do not apply to an application for conditional use permit filed pursuant to NRS 278.147.
Sec. 8. NRS 278.319 is hereby amended to read as follows:
278.319 1. The governing body may adopt an ordinance that authorizes the director of planning or another person or agency to grant minor deviations from requirements for land use established within a zoning district without conducting a hearing. The ordinance must require an applicant for a minor deviation to obtain the written consent of the owner of any real property that would be affected by the minor deviation.
2. If the director of planning or other authorized person or agency grants a deviation in accordance with its authority delegated pursuant to subsection 1, the director of planning or other authorized person or agency shall ensure that the deviation will not impair the purpose of the zoning district or any regulations adopted by the governing body pursuant to NRS 278.250.
3. An [ordinance adopted pursuant to this section must provide an opportunity for an] applicant or other aggrieved person [to] may appeal the decision of the director of planning or other authorized person or agency [to the governing body.] in accordance with the ordinance adopted pursuant to section 1 of this act.
Sec. 9. NRS 278.328 is hereby amended to read as follows:
278.328 The governing body may, by ordinance, authorize the planning commission to take final action on a tentative map and a final map. Any person aggrieved by the commissions action may appeal the commissions decision [to the governing body within a reasonable period to be determined, by ordinance, by the governing body.] in accordance with the ordinance adopted pursuant to section 1 of this act.
Sec. 10. NRS 278.330 is hereby amended to read as follows:
278.330 1. The initial action in connection with the making of any subdivision is the preparation of a tentative map.
2. The subdivider shall file copies of such map with the planning commission or its designated representative, or with the clerk of the governing body if there is no planning commission, together with a filing fee in an amount determined by the governing body.
3. The commission, its designated representative, the clerk or other designated representative of the governing body or, when authorized by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies charged with reviewing the proposed subdivision.
4. If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.
5. Except as otherwise provided by subsection 6, if there is a planning commission, it shall:
κ2001 Statutes of Nevada, Page 2809 (CHAPTER 561, SB 554)κ
(a) In a county whose population is [50,000] 400,000 or more, within 45 days; or
(b) In a county whose population is less than [50,000,] 400,000, within 60 days,
after accepting as a complete application a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.
6. If the governing body has authorized the planning commission to take final action on a tentative map, the planning commission shall:
(a) In a county whose population is [50,000] 400,000 or more, within 45 days; or
(b) In a county whose population is less than [50,000,] 400,000, within 60 days,
after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349. [It] The planning commission shall file its written decision with the governing body.
Sec. 11. NRS 278.349 is hereby amended to read as follows:
278.349 1. Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to take final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to NRS 278.330:
(a) In a county whose population is [50,000] 400,000 or more, within 45 days; or
(b) In a county whose population is less than [50,000,] 400,000, within 60 days,
after receipt of the planning commissions recommendations.
2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map:
(a) In a county whose population is [50,000] 400,000 or more, within 45 days; or
(b) In a county whose population is less than [50,000,] 400,000, within 60 days,
after the map is filed with the clerk of the governing body.
3. The governing body, or planning commission if it is authorized to take final action on a tentative map, shall consider:
(a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;
(b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;
(c) The availability and accessibility of utilities;
(d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;
(e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing bodys master plan of streets and highways;
κ2001 Statutes of Nevada, Page 2810 (CHAPTER 561, SB 554)κ
(g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
(h) Physical characteristics of the land such as flood plain, slope and soil;
(i) The recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 to 278.348, inclusive; and
(j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands.
4. The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.
Sec. 12. NRS 278.360 is hereby amended to read as follows:
278.360 1. Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:
(a) Unless the time is extended, the subdivider shall present to the governing body, or [,] the planning commission or the director of planning or other authorized person or agency if authorized to take final action by the governing body, within 2 years after the approval of a tentative map:
(1) A final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved; or
(2) The first of a series of final maps covering a portion of the approved tentative map. [The subdivider shall] If the subdivider elects to present a successive map in a series of final maps, each covering a portion of the approved tentative map, [within successive 1-year periods after the date of approval of the latest final map in the series.] the subdivider shall present to the governing body, or the planning commission or the director of planning or other authorized person or agency if authorized to take final action by the governing body, on or before the anniversary of the date on which the subdivider presented to that entity for recordation the first in the series of final maps:
(I) A final map, prepared in accordance with the tentative map, for the entire area for which the tentative map has been approved; or
(II) The next final map in the series of final maps covering a portion of the approved tentative map.
(b) If the subdivider fails to [record a final map for any portion of the tentative map within 2 years after the date of approval of the tentative map, or within 1 year after the date of approval of the most recently recorded final map,] comply with the provisions of paragraph (a), all proceedings concerning the subdivision are terminated.
(c) The governing body or planning commission may grant an extension of not more than 1 year for the presentation of any final map after the 1-year period for presenting a successive final map has expired.
2. If the subdivider is presenting in a timely manner a series of final maps, each covering a portion of the approved tentative map, no requirements other than those imposed on each of the final maps in the series may be placed on the map when an extension of time is granted unless the requirement is directly attributable to a change in applicable laws which affect the public health, safety or welfare.
κ2001 Statutes of Nevada, Page 2811 (CHAPTER 561, SB 554)κ
Sec. 13. NRS 278.380 is hereby amended to read as follows:
278.380 1. After receipt of the final map:
(a) The governing body or planning commission, at its next meeting; or
(b) If authorized by the governing body, the director of planning or other authorized person or agency, within 10 days after the map is accepted as a complete application by the governing body, planning commission, the director of planning or other authorized person or agency,
shall approve the map if it conforms to all the requirements of NRS 278.010 to 278.630, inclusive, and section 1 of this act, and of any local ordinance applicable at the time of approval of the final map, or any rulings made thereunder.
2. The governing body, planning commission or director of planning or other authorized person or agency shall at that time also accept or reject all offers of dedication and may, as a condition precedent to the acceptance of streets or easements, require that the subdivider improve or agree to improve the streets or easements.
3. If an agreement for a required improvement is entered into, the governing body or planning commission may require that the agreement be secured by a good and sufficient bond or other security in the amount determined by the governing body, planning commission or director of planning or other authorized person or agency.
4. Any requirement imposed by the planning commission, director of planning or other authorized person or agency pursuant to this section may be appealed [to the governing body.] in accordance with the ordinance adopted pursuant to section 1 of this act. If such an appeal is filed, the limit on time to approve or disapprove a final map in subsection 1 is extended until 10 days after [the] :
(a) The decision of the governing body on the appeal [.] ; or
(b) The decision of the district court, if the decision of the governing body is appealed to the district court.
Sec. 14. NRS 278.464 is hereby amended to read as follows:
278.464 1. Except as otherwise provided in subsection 2, if there is a planning commission, it shall:
(a) In a county whose population is [50,000] 400,000 or more, within 45 days; or
(b) In a county whose population is less than [50,000,] 400,000, within 60 days,
after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.
2. If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:
(a) In a county whose population is [50,000] 400,000 or more, within 45 days; or
(b) In a county whose population is less than [50,000,] 400,000, within 60 days,
after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. [It] The planning commission shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.
κ2001 Statutes of Nevada, Page 2812 (CHAPTER 561, SB 554)κ
take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.
3. If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:
(a) In a county whose population is [50,000] 400,000 or more, within 45 days; or
(b) In a county whose population is less than [50,000,] 400,000, within 60 days,
after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.
4. Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:
(a) In a county whose population is [50,000] 400,000 or more, within 45 days; or
(b) In a county whose population is less than [50,000,] 400,000, within 60 days,
after the date of the request for the waiver [,] or, in the absence of action, the waiver shall be deemed approved.
5. A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.
6. An applicant or other person aggrieved by a decision of the governing bodys authorized representative or by a final act of the planning commission may appeal [to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:
(a) In a county whose population is 50,000 or more, within 45 days; or
(b) In a county whose population is less than 50,000, within 60 days,
after the date the appeal is filed.] the decision in accordance with the ordinance adopted pursuant to section 1 of this act.
7. If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing bodys designated representative or the chairman of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 [,] has been vacated or abandoned in accordance with NRS 278.480.
κ2001 Statutes of Nevada, Page 2813 (CHAPTER 561, SB 554)κ
pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 [,] has been vacated or abandoned in accordance with NRS 278.480.
Sec. 15. NRS 278.4725 is hereby amended to read as follows:
278.4725 1. Except as otherwise provided in this section, if the governing body has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:
(a) In a county whose population is [50,000] 400,000 or more, within 45 days; or
(b) In a county whose population is less than [50,000,] 400,000, within 60 days,
after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
2. If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:
(a) In a county whose population is [50,000] 400,000 or more, within 45 days; or
(b) In a county whose population is less than [50,000,] 400,000, within 60 days,
after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
3. An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal [to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:
(a) In a county whose population is 50,000 or more, within 45 days; or
(b) In a county whose population is less than 50,000, within 60 days,
after the date on which the appeal is filed.] the decision in accordance with the ordinance adopted pursuant to section 1 of this act.
4. If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable.
5. If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:
κ2001 Statutes of Nevada, Page 2814 (CHAPTER 561, SB 554)κ
(a) Each lot contains an access road that is suitable for use by emergency vehicles; and
(b) The corners of each lot are set by a professional land surveyor.
6. If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection 5.
7. Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:
(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.
8. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.
(b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection 5 have been met. A certificate signed pursuant to this paragraph must also indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.
(c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
9. A governing body may by local ordinance require a final map to include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.
(b) The signature of each owner of record of the land to be divided.
(c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:
(1) The final map; or
(2) A separate document that is filed with the final map and declares his consent to the division of land.
10. After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.
11. The county recorder shall charge and collect for recording the map a fee of not more than $35 per page set by the board of county commissioners.
κ2001 Statutes of Nevada, Page 2815 (CHAPTER 561, SB 554)κ
12. A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any supporting documents; or
(b) Access to the digital final map and any digital supporting documents.
Sec. 16. NRS 278.480 is hereby amended to read as follows:
278.480 1. Except as otherwise provided in subsection 10, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or the governing body having jurisdiction.
2. The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.
3. Whenever any street or easement owned by a city or a county is proposed to be vacated, the governing body, or the planning commission or hearing examiner if authorized to take final action by the governing body, shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which must be not less than 10 days and not more than 40 days after the date the notice is first published.
4. Except as provided in subsection 5, if, upon public hearing, the governing body, or the planning commission or hearing examiner if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body, or the planning commission or hearing examiner if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission or hearing examiner may appeal [to the governing body within a reasonable period to be determined, by ordinance, by the governing body.] the decision in accordance with the ordinance adopted pursuant to section 1 of this act.
5. If a utility has an easement over the property, the governing body, or the planning commission or hearing examiner if authorized to take final action by the governing body, shall provide in its order for the continuation of that easement.
6. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
κ2001 Statutes of Nevada, Page 2816 (CHAPTER 561, SB 554)κ
which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
7. If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against a determination of reasonable consideration which did not take into account the public benefit.
8. If an easement for light and air owned by a city or a county is adjacent to a street vacated pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.
9. In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body, or the planning commission or hearing examiner if authorized to take final action by the governing body, may reserve and except therefrom all easements, rights or interests therein which the governing body, or the planning commission or hearing examiner if authorized to take final action by the governing body, deems desirable for the use of the city, the county or any public utility.
10. The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.
Sec. 16.3. Sections 4 and 8 of Assembly Bill No. 182 of this session are hereby amended to read as follows:
Sec. 4. NRS 278.210 is hereby amended to read as follows:
278.210 1. Before adopting the master plan or any part of it [,] in accordance with NRS 278.170, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which must be given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the day of the hearing.
2. The adoption of the master plan, or of any amendment, extension or addition thereof, must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.
3. No plan or map, hereafter, may have indicated thereon that it is a part of the master plan until it has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension or addition.
κ2001 Statutes of Nevada, Page 2817 (CHAPTER 561, SB 554)κ
4. Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160, or any portion of such a land use plan, more than four times in a calendar year. The provisions of this subsection do not apply to a change in the land use designated for a particular area if the change does not affect more than 25 percent of the area.
5. An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region in accordance with NRS 278.170 must be certified to the governing body of the city, county or region. The governing body of the city, county or region may authorize such certification by electronic means.
[5.] 6. An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission must be certified to the county planning commission and to the board of county commissioners of each county within the regional district. The county planning commission and board of county commissioners may authorize such certification by electronic means.
Sec. 8. NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.
2. A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each [owner,] of the owners, as listed on the county assessors records, of at least the 30 parcels nearest to the property in question.
κ2001 Statutes of Nevada, Page 2818 (CHAPTER 561, SB 554)κ
subsection 2, cause a notice to be sent at least 10 days before the hearing to each [owner,] of the owners, as listed on the county assessors records, of at least the 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
4. If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens advisory council or town advisory board.
5. An applicant or a protestant may appeal a decision of the board of adjustment, planning commission or hearing examiner in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.
5.] session.
6. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to sending the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing permitted use and zoning designation of the property in question;
(b) The proposed permitted use of the property in question;
(c) The date, time and place of the public hearing; and
(d) A telephone number which may be used by interested persons to obtain additional information.
κ2001 Statutes of Nevada, Page 2819 (CHAPTER 561, SB 554)κ
[6.] 7. A sign required pursuant to subsection [5] 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
[7.] 8. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection [5,] 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
[8.] 9. The governing body shall remove or cause to be removed any sign required by subsection [5] 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
[9.] 10. The provisions of this section do not apply to an application for a conditional use permit filed pursuant to NRS 278.147.
Sec. 16.5. Sections 3, 4 and 5 of Assembly Bill No. 553 of this session are hereby amended to read as follows:
Sec. 3. NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.
2. A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. [A]
3. In a county whose population is less than 100,000, notice setting forth the time, place and purpose of the hearing must be sent [by mail] at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property , as listed on the county assessors records, located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area by the governing body.
[The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each of the owners, as listed on the county assessors records, of at least the 30 parcels nearest to the property in question.
κ2001 Statutes of Nevada, Page 2820 (CHAPTER 561, SB 554)κ
hearing to each of the owners, as listed on the county assessors records, of at least the 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.]
4. Except as otherwise provided in subsection 7, in a county whose population is 100,000 or more, a notice setting forth the time, place and purpose of the hearing must be sent at least 10 days before the hearing to:
(a) The applicant;
(b) If the application is for a deviation of at least 10 percent but not more than 30 percent from a standard for development:
(1) Each owner, as listed on the county assessors records, of real property located within 100 feet of the property in question; and
(2) Each tenant of a mobile home park located within 100 feet of the property in question;
(c) If the application is for a special use permit or a deviation of more than 30 percent from a standard for development:
(1) Each owner, as listed on the county assessors records, of real property located within 500 feet of the property in question;
(2) The owner, as listed on the county assessors records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park located within 500 feet of the property in question;
(d) If the application is for a change in zoning or a project of regional significance, as that term is described in NRS 278.02542:
(1) Each owner, as listed on the county assessors records, of real property located within 750 feet of the property in question;
(2) The owner, as listed on the county assessors records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park located within 750 feet of the property in question; and
(e) Any advisory board which has been established for the affected area by the governing body.
5. If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens advisory council or town advisory board.
κ2001 Statutes of Nevada, Page 2821 (CHAPTER 561, SB 554)κ
hearing shall consider any recommendations submitted by the town board, citizens advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens advisory council or town advisory board.
[5.] 6. An applicant or a protestant may appeal a decision of the board of adjustment, planning commission or hearing examiner in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this session.
[6.] 7. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, [in addition to sending the notice required pursuant to subsection 3, not later than] at least 10 days before the hearing [, erect] :
(a) Send a notice setting forth the time, place, and purpose of the hearing to:
(1) The applicant;
(2) Each owner, as listed on the county assessors records, of real property located within 1,500 feet of the property in question;
(3) The owner, as listed on the county assessors records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (2);
(4) Each tenant of a mobile home park located within 1,500 feet of the property in question; and
(5) Any advisory board which has been established for the affected area by the governing body; and
(b) Erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
[(a)] (1) The existing permitted use and zoning designation of the property in question;
[(b)] (2) The proposed permitted use of the property in question;
[(c)] (3) The date, time and place of the public hearing; and
[(d)] (4) A telephone number which may be used by interested persons to obtain additional information.
[7.] 8. A sign required pursuant to subsection [6] 7 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
[8.] 9. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection [6,] 7, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
κ2001 Statutes of Nevada, Page 2822 (CHAPTER 561, SB 554)κ
[9.] 10. The governing body shall remove or cause to be removed any sign required by subsection [6] 7 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
[10.] 11. The notice required to be provided pursuant to subsections 3, 4 and 7 must be sent by mail or, if requested by a party to whom notice must be provided pursuant to those subsections, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
12. The provisions of this section do not apply to an application for a conditional use permit filed pursuant to NRS 278.147.
Sec. 4. NRS 278.319 is hereby amended to read as follows:
278.319 1. The governing body may adopt an ordinance that authorizes the director of planning or another person or agency to grant [minor deviations] a deviation of less than 10 percent from requirements for land use established within a zoning district without conducting a hearing. The ordinance must require an applicant for such a [minor] deviation to obtain the written consent of the owner of any real property that would be affected by the [minor] deviation.
2. If the director of planning or other authorized person or agency grants a deviation in accordance with its authority delegated pursuant to subsection 1, the director of planning or other authorized person or agency shall ensure that the deviation will not impair the purpose of the zoning district or any regulations adopted by the governing body pursuant to NRS 278.250.
3. An applicant or other aggrieved person may appeal the decision of the director of planning or other authorized person or agency in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.] session.
Sec. 5. NRS 278.480 is hereby amended to read as follows:
278.480 1. Except as otherwise provided in subsection [10,] 11, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or the governing body having jurisdiction.
2. The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.
3. [Whenever any street] A government patent easement which is no longer required for a public purpose may be vacated by:
(a) The governing body; or
(b) The planning commission, hearing examiner or other designee, if authorized to take final action by the governing body,
without conducting a hearing on the vacation if the applicant for the vacation obtains the written consent of each owner of property abutting the proposed vacation and any utility that is affected by the proposed vacation.
κ2001 Statutes of Nevada, Page 2823 (CHAPTER 561, SB 554)κ
4. Except as otherwise provided in subsection 3, if any right of way or easement required for a public purpose that is owned by a city or a county is proposed to be vacated, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which must be not less than 10 days and not more than 40 days after the date the notice is first published.
[4.] 5. Except as provided in subsection [5,] 6, if, upon public hearing, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission , [or] hearing examiner or other designee may appeal the decision in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.
5.] session.
6. If a utility has an easement over the property, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, shall provide in its order for the continuation of that easement.
[6.] 7. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
[7.] 8. If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against a determination of reasonable consideration which did not take into account the public benefit.
κ2001 Statutes of Nevada, Page 2824 (CHAPTER 561, SB 554)κ
If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against a determination of reasonable consideration which did not take into account the public benefit.
[8.] 9. If an easement for light and air owned by a city or a county is adjacent to a street vacated pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.
[9.] 10. In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, may reserve and except therefrom all easements, rights or interests therein which the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, deems desirable for the use of the city, the county or any public utility.
[10.] 11. The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.
12. As used in this section, government patent easement means an easement for a public purpose owned by the governing body over land which was conveyed by a patent.
Sec. 16.7. Assembly Bill No. 553 of this session is hereby amended by adding thereto a new section designated sec. 7, following sec. 6, to read as follows:
Sec. 7. 1. This section and sections 1, 2, 4, 5 and 6 of this act become effective on October 1, 2001.
2. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2001.
Sec. 17. NRS 278.317 is hereby repealed.
Sec. 18. 1. This section and sections 1 to 9, inclusive, 12, 13 and 16 to 17, inclusive, of this act become effective on July 1, 2001.
2. Sections 10 and 14 of this act become effective at 12:01 a.m. on July 1, 2001.
3. Sections 11 and 15 of this act become effective at 12:02 a.m. on July 1, 2001.
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